EU establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure. - Preparation of an informal trilogue - Hoofdinhoud

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Documentdatum	15-01-2016
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2. Tekst

Council of the European Union

Brussels, 15 January 2016

PUBLIC

(OR. en)

5159/16

Interinstitutional Files: ADD 2

2013/0028 (COD) i

2013/0029 (COD) i LIMITE

TRANS 4 CODEC 16

REPORT

From: General Secretariat

To: Permanent Representatives Committee (Part 1)

No. prev. doc.: 113146/15 TRANS 333 CODEC 1360

No. Cion doc.: 5960/13 TRANS 35 CODEC 209

5985/13 TRANS 36 CODEC 216

Subject: 4th Railway Package:

• Proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34 i/EU establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure.

-

Preparation of an informal trilogue

Delegations will find some Presidency compromise proposals in the fourth column of the table in

annex with a view to the upcoming trilogue of 26 January 2016.

Proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34 i/EU establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail

and the governance of the railway infrastructure

2013/0029 (COD) i (Text with EEA relevance)

Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

1.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the European Economic and Social Committee 1 , Having regard to the opinion of the Committee of the Regions 2 , Acting in accordance with the ordinary legislative procedure 3 , Whereas:

2.

Amendment 1
Recital 1

3.

(1) Over the past decade, the (1) Over the past decade, the [Proposed recitals not examined in growth of passenger traffic by rail European motorway network has the General Approach] has been insufficient to increase its grown by 27 %, but the railway modal share in comparison to cars network in use has shrunk by 2 %. and aviation. The 6% modal share Furthermore, the growth of of passenger transport for rail in the passenger traffic by rail has been
European Union has remained insufficient to increase its modal fairly stable. Rail passenger share in comparison to cars and services have not kept pace with aviation. The 6 % modal share of

evolving needs in terms of passenger transport for rail in the European Union has remained fairly

1 OJ C 327, 12.11.2013, p. 122.

2 OJ C 356, 5.12.2013, p. 92.

3 Position of the European Parliament of 26 February 2014.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

availability and quality. stable. and rail passenger services have not kept pace with evolving needs in terms of offer or quality.

4.

Amendment 2
Recital 1a (new) 5. (1a) The principal reasons for rail’s

insufficient modal share in Europe include unfair competition as regards other modes of transport, a lack of political will to develop rail transport and under-investment in rail networks.

6.

Amendment 3
Recital 2a (new) 7. (2a) The practical effects of the

provisions of those Directives need to be assessed by checking the quality of the services provided on the basis of specific facts, tendering and use rates, costs and charges.

8.

Amendment 4
Recital 2b (new) 9. (2b) In order to establish a single

European rail area, it is vital for the relevant legislation to be effectively and fully applied in all the Member States within the prescribed timelimits. Given the deficiencies that have been identified in the sector, the Member States should keep a close eye on the implementation of Union legislation.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

10.

Amendment 5
Recital 2c (new)

11.

(2c) Several studies and
questionnaires demonstrate that, in Member States that have opened their markets for domestic passenger transport, such as Sweden and the United Kingdom, the railway market has grown, including more satisfied passengers and personnel.

12.

(2) The Union markets for freight
and for international passenger trains have been opened to competition since 2007 and 2010 respectively through Directives

2004/51/EC 4 and 2007/58//EC 5 . In

addition, some Member States have opened their domestic passenger services to competition, either by introducing open access rights or competitive tendering for public service contracts or both.

13.

Amendment 6
Recital 3 14. (3) Directive 2012/34 i/EU of the (3) Directive 2012/34 i/EU of the

European Parliament and of the European Parliament and of the Council of 21 November 2012 Council of 21 November 2012

4 OJ L164, 30.4.2004, p. 164.

5 OJ L315, 3.12.2007, p. 44.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

establishing a single European establishing a single European railway area 6 establishes a single railway area 5 establishes a single European railway area with European railway area with common common rules on the governance of rules on the governance of railway railway undertakings and undertakings and infrastructure infrastructure managers, on managers, on infrastructure financing infrastructure financing and and charging, on conditions of access charging, on conditions of access to to railway infrastructure and services railway infrastructure and services and on regulatory oversight of the rail and on regulatory oversight of the market. With all these elements in rail market. With all these elements place, it is now possible to complete in place, it is now possible to the opening of the Union railway complete the opening of the Union market and reform the governance of railway market and reform the infrastructure managers with the governance of infrastructure objective of ensuring equal access to managers with the objective of the infrastructure in order to improve ensuring equal access to the the quality of rail services infrastructure throughout the Union while safeguarding social standards and employment conditions.

15.

(3a) A recital could be included to clarify that operation of railway
infrastructure is possible as separate structures, vertically integrated undertakings or vertically integrated undertakings combined with outsourcing.

16.

Amendment 7
Recital 3a (new) 17. (3a) The completion of the opening

of the Union railway market should

6 OJ L 343, 14.12.2012, p. 32.

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enable rail to become a credible alternative to other modes of transport in terms of price and quality.

18.

Amendment 8 Recital 4

19.

(4) Directive 2012/34 i/EU requires (4) Directive 2012/34 i/EU requires the the Commission to propose, if Commission to propose, if
appropriate, legislative measures in appropriate, legislative measures in relation of the opening of the relation of the opening of the market market for domestic passenger for domestic passenger transport transport services by rail and to services by rail and to develop develop appropriate conditions to appropriate conditions to ensure the ensure non-discriminatory access to most cost efficient noninfrastructure, building on the discriminatory access to existing separation requirements infrastructure including incumbentbetween infrastructure management owned sales infrastructure, building and transport operations. on the existing separation requirements between infrastructure management and transport operations.

20.

(4a) A recital could be included to clarify that the operation of the
railway infrastructure includes control, command and signalling.

21.

(4b) A recital will be included to clarify that in this context, it should be ensured that the infrastructure is suitable for its designated use.

22.

(4c) The notion of full independence for the purposes of this definition could be clarified in a recital. The "intermediary entity"

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal should not be understood as a

Ministry. 23. Amendment 9

Recital 4a (new) 24. (4a) The opening of the market for

domestic passenger transport will have a positive impact on the working of the European railway market; this will lead to greater flexibility and more possibilities for companies and passengers. Railway personnel will also benefit from the opening, as it will improve their chances of providing their services to new players on the market. Experienced workers can give the new players added value, leading to better labour conditions.

25.

Amendment 10
Recital 4b (new) 26. (4b) Member States are responsible

for the organisation of their labour markets for railway personnel. They should however make sure that the way in which the labour market is organised does not harm the quality of the service. Union law already provides for a clear framework for the protection of railway workers.

27.

Amendment 117
Recital 5 28. (5) Better coordination between (5) Better coordination between

infrastructure managers and railway infrastructure managers and railway

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

undertakings should be ensured undertakings should be ensured through the establishment of a through the establishment of a coordination committee, in order to coordination committee, in order to achieve efficient management and achieve efficient management and use use of the infrastructure. of the infrastructure. In addition, in order to ensure the smooth running of operations in the daily management of the network, including the management of traffic on the network during the winter season, the infrastructure manager at traffic control level should coordinate with railway undertakings, without compromising its independence and responsibility for managing the network and complying with the existing rules.

29.

(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be
managed in a consistent manner by the infrastructure manager itself.

30.

(6a) The fact that it is the Member
State which determines which entity is the main infrastructure manager could be clarified in a recital.

31.

Amendment 12
Recital 6a (new) 32. (6a) In order to secure sufficient and

fair competition within the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal European railway area, it is

necessary not only to guarantee nondiscriminatory access to infrastructure but also to integrate national rail networks and strengthen the regulatory bodies. Such strengthening should take the form of extending the powers of the competent regulatory bodies and developing a network of regulatory bodies which would in future be a key operator in the regulation of the rail transport market in the Union.

33.

Amendment 13
Recital 6b (new)

34.

(6b) The infrastructure manager, in
exercising all the relevant functions as provided for in this Directive, should be required to use its competences to constantly improve the efficiency of the management of the rail infrastructure with a view to providing high-quality services to its users.

35.

Amendment 14
Recital 7 36. (7) Cross-border issues should be (7) Without prejudice to Member

addressed efficiently between States’ powers as regards infrastructure managers of the infrastructure planning and different Member States through financing, cross-border issues such the establishment of a European as track-access charges should be network of infrastructure managers. addressed efficiently between infrastructure managers of the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal different Member States through the

establishment of a European network of infrastructure managers.

37.

(7a) A recital could be included to clarify that the existing structures [concerning European network for coordination] will be given a legal basis.

38.

Amendment 15
Recital 8 39. (8) In order to ensure equal access (8) In order to ensure equal access to

to the infrastructure, any conflicts the infrastructure, any conflicts of of interest resulting from integrated interest resulting from integrated structures encompassing structures encompassing should be infrastructure management and shaped in such a way that no transport activities should be conflicts of interest arise between removed. Removing incentives to infrastructure management and discriminate against competitors is transport activities should be the only way to guarantee equal removed. Removing potential access to the railway infrastructure. incentives to discriminate against It is a requirement for the competitors is the only way to successful opening of the market guarantee equal access to the railway for domestic passenger transport infrastructure. It is a requirement for services by rail. This should also the successful opening of the market remove the potential for crossfor domestic passenger transport subsidisation, which exist in such services by rail. This should also integrated structures, and which remove the potential for crossalso leads to market distortions. subsidisation, which exists in such integrated structures, and which also leads to market distortions, as well as arrangements in respect of staff remuneration and other benefits which might result in preferential

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40.

Amendment 16
Recital 9

41.

(9) The existing requirements for (9) The existing requirements for the the independence of infrastructure independence of infrastructure managers from railway transport managers from railway transport undertakings, as laid down in undertakings, as laid down in Directive 2012/34 i/EU, only cover Directive 2012/34 i/EU, only cover the the essential functions of the essential functions of the infrastructure manager, which are infrastructure manager, which are the the decision-making on train path decision-making on train path allocation, and the decision-making allocation, and the decision-making on infrastructure charging. It is on infrastructure charging. It is however necessary that all the however necessary that all the functions are exercised in an functions are exercised in an independent way, since other independent way, since other functions may equally be used to functions may equally be used to discriminate against competitors. discriminate against competitors. This This is in particular true for is in particular true for decisions on decisions on investments or on access to ticketing services, stations maintenance which may be made to and depots, on investments or on favour the parts of the network maintenance which may be made to which are mainly used by the favour the parts of the network which transport operators of the integrated are mainly used by the transport undertaking. Decisions on the operators of the integrated planning of maintenance works undertaking. Decisions on the may influence the availability of planning of maintenance works may
train paths for the competitors. influence the availability of train paths for the competitors.

42.

Amendment 17
Recital 9a (new)

43.

(9a) Despite the implementation of
the safeguards set out in Directive

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal 2013/34/EU guaranteeing the

independence of the infrastructure manager, vertically integrated undertakings could use their structure to give railway operators belonging to such undertakings an undue competitive edge.

44.

(10) The existing requirements of
Directive 2012/34 i/EU only include legal, organisational and decisionmaking independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decisionmaking independence it must be ensured that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross-subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

enforce safeguards which are established to prevent such crosssubsidisation. An institutional separation of infrastructure management and transport operation is the most effective measure to solve these problems.

45.

Amendment 18
Recital 11 46. (11) Member States should (11) Member States should therefore

therefore be required to ensure that be required to ensure that the same the same legal or natural person or legal or natural person or persons are persons are not entitled to exercise not entitled to exercise control over control over an infrastructure an infrastructure manager and, at the manager and, at the same time, same time, exercise control or any exercise control or any right over a right over a railway undertaking. railway undertaking. Conversely, Conversely, control over This control over a railway undertaking Directive aims to establish free and should preclude the possibility of fair competition between all railway exercising control or any right over undertakings, and therefore an infrastructure manager. precludes a railway undertaking should preclude the possibility of exercising control or any right over an infrastructure manager from retaining a vertically integrated model as defined in Article 3.

47.

(11a) A recital could be included to clarify that complaint procedures
are also covered (regarding the influence on appointments and dismissals of persons in charge of taking decisions on the essential functions).

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

48.

(12) Where Member States still maintain an infrastructure manager which is part of a vertically
integrated undertaking, they should at least introduce strict safeguards to guarantee effective independence of the entire infrastructure manager in relation to the integrated undertaking. These safeguards should not only concern the corporate organisation of the infrastructure manager in relation to the integrated undertaking, but also the management structure of the infrastructure manager, and, as far as possible within an integrated structure, prevent financial transfers between the infrastructure manager and the other legal entities of the integrated undertaking. These safeguards do not only correspond to what is necessary to fulfil the existing requirements of decisionmaking independence of the essential functions under Directive 2012/34 i/EU, in terms of management independence of the infrastructure manager, but go beyond those requirements by adding clauses to exclude that incomes of the infrastructure manager may be used to fund the other entities within the vertically

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

integrated undertaking. This should apply independently of the application of fiscal legislation of Member States and without prejudice to EU state aid rules.

49.

(12a) A recital could be included to explain how the relevant provisions of this Directive are applied
mutatis mutandis to vertically integrated undertakings where the infrastructure manager and railway undertaking have no distinct legal personality but are organised in distinct divisions within a single undertaking.

50.

(12b) A recital could be included to specify that the provision of
Article 31 does not preclude a Member State from foreseeing that the infrastructure manager revenue from infrastructure charges transits through the State accounts.

51.

(12c) A recital could be included to clarify that under national law, it
may be a legislative act allowing for the outsourcing of the infrastructure manager's functions.

52.

(12d) A recital could be included to clarify that the owners of the
company include the State and any private shareholders to the exclusion of the holding.

53.

(12e) A recital could be included to

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal clarify that it should be possible for

the infrastructure manager to pay this revenue and dividends directly or via another entity within the undertaking.

54.

Amendment 19
Recital 12a (new) 55. (12a) Improving railway safety

should be considered seriously during the process of opening the market for domestic passenger transport services by rail, particularly when it comes to reforming the integrated structures currently in place, in order to avoid the creation of additional administrative obstacles compromising the maintenance and improvements of safety.

56.

Amendment 107
Recital 12b (new) 57. (12b) The possibility for an

infrastructure manager to pay dividends to the ultimate owner of the vertically integrated undertaking should not prevent the infrastructure manager from constituting reserves in order to improve its financial situation and to balance its accounts over a reasonable period as required by this Directive. All dividend payments of the infrastructure manager should be earmarked to be

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of the railway infrastructure in operation.

58.

Amendment 108
Recital 12c (new) 59. (12c) The holding company in a

vertically integrated undertaking may contribute to strategic decisions necessary for the good functioning of the railway transport system as a whole in the interest of all parties active in the railway market, without prejudice to the decisions pertaining to the functions of the infrastructure manager.

60.

Amendment 109
Recital 12d (new) 61. (12d) It shall also be possible for the

representatives of the ultimate owners of the vertically integrated undertaking in the Supervisory Board to include persons appointed by the ultimate owners but not employed by them, provided they do not have any responsibility or interest in any other entity of the vertically integrated undertaking.

62.

Amendment 110
Recital 12e (new) 63. (12e) The rules ensuring the

independence of the infrastructure manager within the vertically integrated undertaking should be

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criteria on government deficit and debt, since in any case the holding, even taking into account the safeguards for the independence of the infrastructure manager, may still retain ownership of the infrastructure and in addition a sufficient number of functions in order not to be considered as a purely artificial entity having as its sole purpose the reduction of government debt within the meaning of those criteria.

64.

(13) Despite the implementation of the safeguards guaranteeing
independence vertically integrated undertakings could abuse of their structure to provide undue competitive advantages for railway operators belonging to such undertakings, For this reason, without prejudice to Art 258 of the Treaty on the Functioning of the European Union, the Commission should verify, upon request of a Member State or on its own initiative, that these safeguards are effectively implemented and that any remaining distortions of competition are removed. In case the Commission is not in a position to confirm that this has been

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

achieved, all Member States should have the possibility to limit or revoke access rights of the integrated operators concerned.

65.

Amendment 20
Recital 13a (new) 66. (13a) Taking into account the

heterogeneity of networks in terms of their size and density and the variety in the organisational structures of national and local or regional authorities and their respective experiences of the process of market opening, each Member State should be given sufficient flexibility to organise its network in such a way that a mix of open-access services and services performed under public service contracts can be achieved in order to ensure a high quality of services readily accessible to all passengers. Following selection of the public service contracts to be put out to tender, each Member State should establish on a case-by-case basis which safeguard mechanisms are to be introduced for each service should the tender procedure not be successfully completed. Those mechanisms should not in any way generate additional charges for the railway undertakings managing those services.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

67.

Amendment 21
Recital 14 68. (14) Granting Union railway (14) Granting Union railway

undertakings the right of access to undertakings the right of access to railway infrastructure in all railway infrastructure in all Member Member States for the purpose of States for the purpose of operating operating domestic passenger domestic passenger services may services may have implications for have implications for the organisation the organisation and financing of and financing of rail passenger rail passenger services provided services provided under a public under a public service contract. service contract. Member States Member States should have the should have the option of limiting option of limiting such right of such right of access where it would access where it would compromise compromise the economic the economic equilibrium of those equilibrium of those public service public service contracts and where contracts or the quality of the service approval has been given by the that they provide and where approval relevant regulatory body. has been given by the relevant regulatory body.

69.

(14a) The right of railway undertakings to be granted access to the infrastructure does not affect the possibility for a competent authority to grant exclusive rights in accordance with Article 3 of Regulation (EC) N° 1370/2007 or to award a public service contract directly under the conditions established in Article 5 of the same
Regulation. The existence of such a public service contract should not entitle a Member State to

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal prohibit other railway

undertakings from accessing the railway infrastructure concerned for the provision of rail passenger services, unless such services would endanger the economic equilibrium of the PSO contract.

70.

Amendment 22
Recital 15 71. (15) Regulatory bodies should (15) On its own initiative or

assess the potential economic following a request made by impact of domestic passenger interested parties, regulatory bodies services provided under open should assess, on the basis of an access conditions on existing public objective economic analysis, the service contracts following a potential economic impact of request made by interested parties domestic passenger services provided and on the basis of an objective under open access conditions on economic analysis. existing public service contracts following a request made by interested parties and on the basis of an objective economic analysis.

72.

(16) The process of the assessment should take into account the need to provide all market players with
sufficient legal certainty to develop their activities. The procedure should be as simple, efficient and transparent as possible and coherent with the process for the allocation of infrastructure capacity.

73.

(17) The assessment of whether the economic equilibrium of the public

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

service contract would be compromised should take into account predetermined criteria. Such criteria and the details of procedure to be followed may evolve over time, in particular in the light of the experience of regulatory bodies, competent authorities and railway undertakings and may take into account the specific characteristics of domestic passenger services.

74.

Amendment 23
Recital 18 75. (18) When assessing whether the (18) When assessing whether the

economic equilibrium of the public economic equilibrium of the public service contract would be service contract would be compromised, regulatory bodies compromised, regulatory bodies should consider the economic should consider the economic and impact of the intended service on social impact of the intended service existing public service contracts on existing public service contracts, taking into account its impact on taking into account its impact on the the profitability of any services profitability of any services included included in such public service in such public service contracts and, contracts and the consequences for the consequences for enhancing the net cost to the competent public cohesion policy in the area authority that awarded the concerned and the net cost to the contracts. To make this assessment, competent public authority that factors such as passenger demand, awarded the contracts. To make this ticket pricing, ticketing assessment, factors such as passenger arrangements, location and number demand, ticket pricing, ticketing of stops and the timing and arrangements, location and number of frequency of the proposed new stops and the timing and frequency of

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

service should be examined. the proposed new service should be examined.

76.

(18a) A recital could be included to clarify that Member States may
decide that the conditions for granting the right of access to the railway infrastructure for the purpose of operating rail passenger services comprise conditions in order to enable a system of rail passenger services within an integrated timetable scheme.

77.

(18b) In the process of opening of national rail markets to
competition by granting access to the networks to every railway undertaking, Member States should have a sufficiently long transitional period to adapt their national law as well as their national organisation. As a consequence, Member States should be able to maintain their existing national rules on market access until the end of the transitional period.

78.

Amendment 24
Recital 18a (new) 79. (18a) In order to determine whether

the quality of the service provided under a public service contract is affected by a free-access service on

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bodies should take into account, in particular, network effects, the maintenance of connections and the punctuality of the services provided under the public service contract.

80.

Amendment 25
Recital 19 81. (19) In order to increase the (19) In order to increase the

attractiveness of railway services attractiveness of railway services for for passengers, Member States passengers, Member States should be should be in a position to require in a position to require railway railway undertakings operating undertakings operating domestic domestic passenger services to passenger services to participate in a participate in a common common information and integrated information and integrated ticketing ticketing scheme for the supply of scheme for the supply of tickets, tickets, through-tickets and through-tickets and reservations. If reservations. If Such a scheme is such a scheme is established, it established, it should be ensured should be ensured that it does not ensure that it does not create market create market distortion or distortion or discriminate between discriminate between railway railway undertakings. undertakings.

82.

Amendment 26
Recital 19a (new) 83. (19a) It is important that railway

undertakings engage in the development of integrated ticketing schemes, in particular as regards local and regional transport, in order to increase the attractiveness of rail transport for passengers. Such schemes should not create

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between railway undertakings. 84. Amendment 27

Recital 19b (new) 85. (19b) Since the new package seeks to

strengthen passenger rights, and as freedom of movement is one of the basic pillars of the Union, greater efforts should be made to also safeguard that right for disabled persons and for persons with reduced mobility. This makes improving accessibility to means of transport and infrastructure a priority. In order to achieve that objective, cross-border contacts should be encouraged. This also applies to the assistance provided for that specific category of passengers, which should be harmonised within a broader system. A consultation process should be launched in this respect, involving the social partners, the public and organisations for the protection of the rights of disabled persons.

86.

Amendment 28
Recital 19c (new) 87. (19c) In the light of the experience

acquired through the network of regulatory bodies provided for in Article 57 of Directive 2012/34 i/EU, the Commission should, by no later

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legislative proposal strengthening the network of regulatory bodies, formalising its procedures and giving it legal personality. That body should have a supervisory and arbitration function enabling it to deal with cross-border and international problems and to hear appeals against decisions taken by national regulatory bodies.

88.

Amendment 29
Recital 19d (new) 89. (19d) With a view to completion of

the Single European Railway Area, and given the competition in the railway sector, the Commission is committed to actively supporting and encouraging social dialogue at Union level in order to ensure that railway workers are protected in the long term against unwanted effects of market opening, such as social dumping.

90.

Amendment 30
Recital 19e (new) 91. (19e) Passengers should have access

to functioning through-ticketing schemes and integrated ticketing schemes. Such schemes would also make railways a more attractive means of transport for people. Through-ticketing schemes

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal developed by the sector within

Member States should be interoperable with each other in order to enable a Union-wide scheme to be created that encompasses all rail passenger operators.

92.

Amendment 31
Recital 19f (new) 93. (19f) In light of the experience

acquired through the network of regulatory bodies established pursuant to Article 57 of Directive 2012/34/EU, the Commission should draw up a legislative proposal to replace the network with a European Regulatory Body, formalising its procedures and giving it legal personality, by no later than 31 December 2019, in time for the opening of domestic passenger transport services by rail. That body should have a supervisory and arbitration function enabling it to deal with cross-border and international problems and to hear appeals against decisions taken by national regulatory bodies.

94.

Amendment 32
Recital 19g (new) 95. (19g) In order to avoid social

dumping, a railway undertaking should only be able to provide rail

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collective agreements or national laws laying down standards within the Member State in which it intends to act. Provision should therefore be made for equal pay in the same place. The competent regulatory body should monitor compliance with this requirement.

96.

Amendment 33
Recital 19h (new) 97. (19h) The national regulatory body

should approve or request changes to the arrangements for the transfer of staff. This may include the application of a cooling-off period for staff who are to be transferred. The regulatory body, when taking its decision, should aim at avoiding the transfer of sensitive information from the infrastructure manager to another entity within the integrated undertaking.

98.

Amendment 34
Recital 19i (new) 99. (19i) The opening of the market

should not have any adverse repercussions on the working and social conditions of railway workers. The relevant social clauses should be respected in order to avoid any social dumping or unfair competition by new entrants that fails to respect

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railway sector. 100. Amendment 35

Recital 19j (new) 101. (19j) Railway undertakings and

infrastructure managers should establish within their safety culture a just culture' in order to actively encourage personnel to report safety related accidents, incidents and near misses without being subject to punishment or discrimination. A just culture enables the railway industry to learn lessons from accidents, incidents and near misses and thereby improve safety on the railway for workers and passengers.

102.

Amendment 36
Recital 19k (new) 103. (19k) The Commission should

ensure the full and correct enforcement by Member States of the provisions of Council Directive 2005/47/EC 8a . ----- 8a Council Directive 2005/47/EC i of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers' Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable

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sector (OJ L 195, 27.7.2005, p. 15). 104. Amendment 37

Recital 19l (new) 105. (19l) In the light of the development

of the single European railway area and the further opening of the rail transport market, Member States should make use of collective agreements in order to avoid social dumping and unfair competition.

106.

Amendment 38
Recital 19m (new) 107. (19m) The Commission should

assess the impact of this Directive on the development of the labour market for railway on-board staff and, if appropriate, propose new legislative measures on the certification of such staff.

108.

Amendment 39
Recital 19n (new) 109. (19n) On-board personnel are a

professional group within the railway sector that performs safetyrelevant tasks. It traditionally performs operational safety tasks within the railway system and is responsible for the comfort and safety of passengers on board trains. A certification similar to the certification of locomotive drivers is useful in order to guarantee a high

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal level of qualifications and

competences, to recognise the relevance of that professional group for the safety of rail services but also to facilitate mobility of workers.

110.

Amendment 40
Recital 19o (new) 111. (19o) The national regulatory body

should approve or request changes to the arrangements for the transfer of staff. This may include the application of a cooling-off period for staff who are to be transferred. The regulatory body, when taking its decision, should aim at avoiding the transfer of sensitive information from the infrastructure manager to another entity within the integrated undertaking.

112.

(20) In accordance with the Joint
Political Declaration of Member States and the Commission of 28 September 2011 on explanatory

documents 7 , Member States have

undertaken to accompany the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national

7 OJ C 369, 17.12.2011, p. 14.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

transposition instruments in justified cases. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

113.

Amendment 41
Recital 20a (new) 114. (20a) Infrastructure managers

should cooperate in cases concerning incidents or accidents with an impact on cross-border traffic, with a view to sharing any relevant information and thereby avoiding negative spill-over effects;

115.

Amendment 42
Recital 20b (new) 116. (20b) The regulatory body should be

competent to monitor infrastructure maintenance works so as to ensure that they are not undertaken in a way that leads to discrimination between railway undertakings.

117.

Amendment 43
Recital 20c (new) 118. (20c) The infrastructure manager

within a vertically integrated undertaking should be able to offer its staff certain social services in premises that are used by other entities of the vertically integrated undertaking.

119.

Amendment 44
Recital 20d (new)

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

120.

(20d) The infrastructure manager within a vertically integrated
undertaking should be allowed to cooperate with other entities of the vertically integrated undertaking as regards the development of IT systems, subject to the approval of the regulatory body.

121.

Amendment 45
Recital 20e (new) 122. (20e) The conditions for offering

tickets, through tickets and reservations throughout the Union, as provided for in Article 9 of Regulation (EC) No 1371/2007 i, should be considered fulfilled once the common travel information and ticketing scheme is set up by 12 December 2019, in line with the provisions of this Directive.

123.

Amendment 118
Recital 20f (new) 124. (20f) The regulatory body may

produce guidelines on the enhancement of the independence of the staff and management of the infrastructure manager within a vertically integrated undertaking with respect to train path allocation and infrastructure charging.

125.

Amendment 47
Recital 20g (new) 126. (20g) Under this Directive, Member

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between different types of structures for infrastructure managers that coexist within the single European railway area, namely separated and vertically integrated undertakings, even if they have already introduced a separated type of structure. This Directive lays down various rules and principles governing the internal organisation of those structures.

127.

Amendment 119
Recital 20h (new)

128.

(20h) For the purpose of this
Directive, the concepts of supervisory board, administrative board, management board or bodies legally representing the undertaking should be applied to existing corporate structures in the Member States, while avoiding the creation of additional bodies.

129.

HAVE ADOPTED THIS DIRECTIVE:

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

130.

Article 1 Article 1

131.

Directive 2012/34 i/EU is amended Directive 2012/34 i/EU is amended as follows: as follows:

132.

Amendment 49
Article 1 – point - 1 (new) Article 1 – paragraph 2a (new) 133. -1. In Article 1, the following See Presidency compromise

paragraph is added: proposal in point 313. ‘2a. This Directive aims to make rail transport a more attractive means of transport for the European public. It is designed to help to create workable information and integrated ticketing schemes. The throughticketing schemes developed by the railway sector within Member States should be interoperable with each other in order to enable a Unionwide scheme to be created encompassing all rail passenger operators.’

134.

Amendment 50
Article 1 – point - 1a (new) Article 1 – paragraph 2b (new) 135. -1a. In Article 1, the following Presidency compromise

paragraph is added: proposal (recital) "In pursuing the completion

'2b. The objective of this Directive, of the Single European which is to complete the single Railway Area, Member States European railway area, will be should ensure that the pursued on the basis of social provision of railway services dialogue at Union level in order to occur under socially ensure that railway workers are acceptable conditions."

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unwanted effects of the opening of the market.’

136.

Amendment 87
Article 1 – point -1b (new) Article 2

137.

-1b. In Article 2, the following EP AM not acceptable
paragraph is inserted: -1. Article 2 is amended as follows: Amendment already covered by

Article 2(4) (pt. 143) and Article (a) The first sentence of 2(8a) (pt. 145) of GA text. paragraph 3 is replaced by the following:

‘(3) Member States may exclude the following from the application of Articles 7, 7a, 7b, 7c, 7d, 8 and 13 and Chapter IV:’;

138.

(aa) A new paragraph 3a is added:

139.

'3a. Articles 7, 7a, 7b, 7c, 7d and 7e "3a. Member States may exclude shall not apply to networks of less the following from the
than 500 km where: application of Articles 7, 7a, 7b,

7c, 7d and 8:

(a) those networks do not have any

strategic importance for the Local, low-traffic lines of a

functioning of the European railway length not exceeding 100 km,

market; or which are used for freight traffic

between a mainline and points of

(b) they are technically and origin and destination of

organisationally isolated from the shipments along those lines,

main domestic railway network.' provided that these lines are

managed by entities other than

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and either a) are used by a single freight operator or b) the essential functions are performed by a body which is not controlled by any railway undertaking. In case there is only a single freight operator, Member States may also exempt it from the application of Chapter IV until capacity is requested by another applicant. This provision can equally be applied where the line is used also, to a limited extent, for passenger services. Member States shall inform the Commission of their intention to exclude such lines from the application of Articles 7, 7a, 7b, 7c, 7d and 8."

140.

(ab) A new paragraph 3b is added:

141.

"3b. Member States may exclude the following from the
application of Article 7, 7a, 7b, 7c and 7d:

Regional low-traffic networks managed by an entity other than the main infrastructure manager and used for the operation of regional passenger services provided by a single railway

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal undertaking other than the

incumbent railway undertaking of the Member State, until capacity for passenger services on that network is requested, and provided that the undertaking is independent of any railway undertaking operating freight services. This provision can equally be applied where the line is used also, to a limited extent, for freight services. Member States shall inform the Commission of their intention to exclude such lines from the application of Articles 7, 7a, 7b, 7c and 7d. "

142.

(b) Paragraph 4 is replaced by the following:

143.

‘(4) Without prejudice to paragraph 3, Member States may exclude local and regional railway infrastructures which do not have any strategic
importance for the functioning of the railway market from the application of Articles 8(3) and local railway infrastructures which do not have any strategic importance for the functioning of the railway market from the application of Articles 7, 7a, 7c and Chapter IV. Member States

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal shall notify the Commission of

their intention to exclude such railway infrastructures. In accordance with the advisory procedure referred to in Article 62(2), the Commission shall decide whether such railway infrastructure may be considered to be without any strategic importance, taking into account the length of railway lines concerned, their level of use and the traffic volume potentially impacted.’;

144.

(ba) A new paragraph 8a is inserted:

145.

"(8a) For a period of 10 years after the date of entry into force of the Directive, Member States may exclude from the application of Chapters II and IV of the
Directive, with the exception of Articles 10, 13 and 56, isolated railway lines of less than 500 km with a different track gauge than the main domestic network, that connect with a third country where EU rail legislation does not apply and which are managed by a different infrastructure manager than the main domestic network. Railway undertakings operating

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exempted from the application of Chapter II.

The exemption may be renewed for periods not exceeding 5 years. No later than 12 months before the expiry date of the exemption, a Member State that intends to renew the exemption shall notify the Commission of its intention. The Commission shall examine whether the conditions for an exemption as referred to in the subparagraph above are still met. If those conditions are not met, the Commission shall adopt a decision on the termination of the exemption in accordance with the advisory procedure referred to in Article 62(2)."

146.

(c) Paragraph 12 is inserted:

147.

‘(12) Where, in the context of an existing public-private
partnership concluded before 16 June 2015, the private party to this partnership is also a railway undertaking responsible for providing passenger railway services on the infrastructure, Member States may continue to exempt such a private party from the application of Articles

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to pick up and set down passengers for services operated by railway undertakings on the same infrastructure as the passenger services provided by the private party under the public-private partnership.’

148.

(d) Paragraph 13 is inserted:

149.

"(13) Private infrastructure managers that are part of a public-private partnership concluded before [date of entry into force of the Directive] and that do not receive public funds shall be excluded from the
application of Article 7d provided that loans and financial guarantees operated by the infrastructure manager do not benefit directly or indirectly to specific railway undertakings."

150.

1. Article 3 is amended as follows: 1. Article 3 is amended as follows:

151.

(a) Point 2 is replaced by the (a) Point 2 is replaced by the following: following:

152.

‘(2) ‘infrastructure manager’ (2) "infrastructure manager" EP AM not acceptable means any body or firm ensuring means any body or firm GA's focus is on the essential the development, operation and responsible for the operation, functions of the IM as they are maintenance of railway maintenance and renewal of crucial to avoid discriminations infrastructure on a network; railway infrastructure on a and negative impacts on development includes network network, and for participating in competition.
planning, financial and investment its development as determined by planning as well as building and the Member State within the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

upgrades of the infrastructure; framework of its general policy operation of the infrastructure on development and financing of includes all elements of the process infrastructure; of train path allocation, including both the definition and the (2a) "development of the assessment of availability and the railway infrastructure" means allocation of individual paths, network planning, financial and traffic management and investment planning as well as infrastructure charging, including the building and upgrading of determination and collection of the the infrastructure; charges; maintenance includes infrastructure renewals and the (2aa) "operation of the railway other asset management activities’; infrastructure" means train path

allocation, traffic management and infrastructure charging;

(2b) "maintenance of the railway infrastructure" means works intended to maintain the condition and capability of existing infrastructure;

(2c) "renewal of the railway infrastructure" means major substitution works on the existing infrastructure which do not change its overall performance;

(2d) "upgrade of the railway infrastructure" means major modification works of the infrastructure which improve its

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal overall performance;

(2e) "essential functions" of infrastructure management means decision making on train path allocation, including both the definition and the assessment of availability and the allocation of individual train paths, and decision-making on infrastructure charging, including determination and collection of charges, in accordance with the charging framework and the capacity allocation framework established by the Member States pursuant to Articles 29 and 39.'

153.

(b) Point 5 is deleted; [deleted]

154.

(c) the following new Point 31 is (b) The following points are added: added:

155.
'(31) 'vertically integrated '(31) "vertically integrated EP AM not acceptable undertaking' means an undertaking undertaking" means an undertaking - Council text is more balanced where: where, in the meaning of Council and includes a more precise Regulation (EC) No 139/2004 i: definition.
- -
  
  EP AM does not capture all situations, while Council text reflects more closely the economic reality

156.

- one or several railway - an infrastructure manager is undertakings are owned or partly controlled by an undertaking owned by the same undertaking as which at the same time controls an infrastructure manager (holding one or several railway

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

company), or undertakings that operate rail services on the infrastructure manager’s network or

157.

- an infrastructure manager is - an infrastructure manager is owned or partly owned by one or controlled by one or several several railway undertakings or railway undertakings that operate rail services on the infrastructure manager’s network or

158.

- one or several railway - one or several railway undertakings are owned or partly undertakings that operate rail owned by an infrastructure services on the infrastructure manager'; manager’s network are controlled by an infrastructure manager.

159.

It also means an undertaking consisting of distinct divisions, including an infrastructure
manager and one or several divisions providing transport services that do not have a distinct legal personality.

160.

Where an infrastructure manager and a railway undertaking are fully
independent of each other, but both are controlled directly by a Member State without an intermediary entity, they are not considered to constitute a vertically integrated undertaking for the purposes of this Directive.

161.

Amendment 52
Article 1 – point 1 – points ca and

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal cb (new)

Article 3

162.

(ca) The following point 32 is added: Presidency compromise
'(32) ‘integrated ticketing scheme’ proposal means a ticketing system which (cb) The following point 33 is allows a person to make a journey added: that involves transfers within or (33) ‘through ticket’ means a between different transport modes, ticket or tickets representing a such as trains, buses, trams, metros, transport contract for ferries or airplanes;'; successive railway services (cb) The following point 33 is added: operated by one or more railway undertakings; '(33) ‘through ticket’ means a ticket or tickets representing a transport NB: Identical definition of contract for successive railway through ticket exists already in services operated by one or more Article 3(10) of Regulation (EC) railway undertakings;'; N°1371/2007

163.

(32) "public private partnership" means a binding arrangement between public bodies and one or more undertakings other than the main infrastructure manager of a Member State, under which the undertakings partially or totally construct and/or fund railway infrastructure and/or acquire the right to exercise any of the functions listed in point (2) for a predefined period of time. The arrangement may take any appropriate legally binding form foreseen in national legislation.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

164.

Amendment 53
Article 1 – point 1 – point cc (new) Article 3

165.

(cc) The following points 34 and 35 (33) "management board" EP AM not acceptable are added: means the senior body of an Council and EP agree on undertaking performing substance but Council text of
'(34) ‘supervisory board’ means any executive and administrative GA is more appropriate. group of individuals nominated by functions, which is responsible the owners of the company to and accountable for day-to-day EP wishes to include a definition promote their interests, monitor and management of the undertaking. of conflict of interests to control the work of the executives safeguard the impartiality of the and approve the major business (33a) “supervisory board” IM in relation to traffic management decisions; means the most senior body of an management and maintenance undertaking that fulfils planning. (35) ‘management board’ means any supervisory tasks, including the group of individuals in charge of exercise of control over the executive functions for the day-tomanagement board and general day management of the company;‘; strategic decisions regarding the undertaking

166.

Amendment 54
Article 1 – point 1 – point cd (new) Article 3

167.

(cd) The following point 36 is added:
'(36) ‘high speed passenger services’ means passenger services operated on specially built high-speed lines equipped for speeds generally equal to or greater than 250 km/h and running at those speeds for most of the journey.‘;

168.

2. In Article 6, paragraph 2 is 2.In Article 6, paragraph 2 is deleted; replaced by the following text:

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

169.

"For the purpose of this Article,
Member States which apply Article 7a(3) shall require the undertaking to be organised in distinct divisions that do not have a distinct legal personality within a single undertaking."

170.

Amendment 120
Article 1 – point 2a (new) Article 6a (new)

171.

2a. The following Article 6a is EP AM not acceptable inserted: - The issue of the
'Article 6a externalisation/outsourcing of Provided that no conflict of interest essential functions is already arises and that the confidentiality of covered by the GA text in commercially sensitive information Article 7c (pts. 222-226) is guaranteed, nothing in this - Granting additional tasks to the Directive shall prevent Member regulatory body, such as the States from authorising the prior approval of cooperation infrastructure manager to engage in agreements is not acceptable. cooperation agreements, in a - Article 7c(3) of the GA text transparent, non-exclusive and nonprovides for the supervision of discriminatory way, with one or cooperation agreements by an more applicants as regards a specific independent competent body line or a local or regional part of the determined by MS (pt 229) network, in such a way as to give financial incentives to increase the efficiency of its cooperation in relation to the part of the network concerned. Such incentives may consist in reductions or increases of track access charges corresponding to possible cost savings or revenue

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal increases for the railway

undertaking or for the infrastructure manager as a result of that cooperation. Such cooperation shall be aimed at delivering more efficient management of disruptions, maintenance works or congested infrastructure, or of a line or a part of the network prone to delays, or at improving safety. Its duration shall be limited to a maximum of five years and shall be renewable. The infrastructure manager shall inform the regulatory body referred to in Article 55 of the planned cooperation. The regulatory body shall give its prior approval to the cooperation agreement, demand its modification or reject it if the above conditions are not fulfilled. It may require the agreement to be modified at any stage throughout the duration of the agreement. The infrastructure manager shall inform the coordination committee referred to in Article 7d about the cooperation agreement. This paragraph shall not apply to cooperation allowed under Articles 7a and 7b between the infrastructure manager and railway undertakings that are parts of the same vertically integrated undertaking.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

172.

3. Article 7 is replaced by the 3. Article 7 is replaced by the following: following:

173.

‘Article 7 "Article 7

174.

Institutional separation of Independence of the the infrastructure manager infrastructure manager

175.

Amendment 121
Article 1 – point 3 Article 7 – paragraph 1 176. 1. Member States shall ensure that 1. Member States shall ensure that EP AM is covered in Article

the infrastructure manager performs 1. Member States shall ensure that the the infrastructure manager is 7c(2a) of GA text (pt 228). all the functions referred to in infrastructure manager performs all responsible for the operation, Article 3(2) and is independent the functions referred to in Article maintenance and renewal on a Presidency compromise

from any railway undertaking. 3(2) and is independent from any railway undertaking. network and is entrusted with proposal

the development of the railway 1. Member States shall ensure Where, on the date of entry into infrastructure on that network, that the infrastructure manager force of this Directive, some items of in accordance with national law. is responsible for the operation, railway infrastructure as defined in maintenance and renewal on a Annex I are owned and managed by network and is entrusted with undertakings other than the the development of the railway infrastructure manager, Member infrastructure on that network, in States may decide that such accordance with national law.

arrangements are to continue, provided that those undertakings are Member States shall ensure legally distinct and independent that none of the other legal from any railway undertaking. entities within the vertically integrated undertaking have a

To guarantee the independence of To guarantee the independence of the decisive influence on the the infrastructure manager, Member infrastructure manager, Member decisions of the infrastructure States shall ensure that States shall ensure that infrastructure manager in relation to infrastructure managers are managers are organised in an entity essential functions. organised in an entity that is legally that is legally distinct from any distinct from any railway railway undertaking. Member States shall ensure undertaking. that members of the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal supervisory board and of the management board of the infrastructure manager and the managers directly reporting to them shall act in a non-discriminatory manner.

NB: This compromise proposal covers AM 124 (pt 202)

177.

2. Member States shall ensure that the infrastructure manager is organised as an entity that is legally distinct from any railway undertaking and, in vertically integrated undertakings, from any other legal entities within the undertaking.

178.

2. Member States shall also ensure 3. Member States shall ensure that Presidency compromise the same legal or natural person or the same individuals cannot be proposal:
persons are not allowed: employed at the same time: 3. Member States shall ensure that the same individuals cannot be employed or appointed at the same time:

179.

(a) to directly or indirectly exercise - as members of the control in the sense of Council management board of an
Regulation (EC) No 139/2004 i 8 , infrastructure manager and of a

hold any financial interest in or railway undertaking, exercise any right over a railway undertaking and over an infrastructure manager at the same time;

8 OJ L 24, 29.1.2004, p. 1.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

180.

(b) to appoint members of the - as persons in charge of supervisory board, the taking decisions on the essential administrative board or bodies functions and as member of the legally representing an management board of a railway infrastructure manager, and at the undertaking,
same time to directly or indirectly exercise control, hold any financial interest in or exercise any right over a railway undertaking;

181.

(c) to be a member of the - where a supervisory board NB: EP wishes to extend this supervisory board, the exists, as members of the provision to members of the administrative board or bodies supervisory board of an management board of the
legally representing the infrastructure manager and of a holding company. This indent undertaking, of both a railway railway undertaking. could be added to the GA text: undertaking and an infrastructure manager; - as Members of the management board and/or supervisory board of an undertaking exercising control over a railway undertaking and infrastructure manager (i.e. holding company) and as Members of the management board of an infrastructure manager

182.

(d) to manage the rail infrastructure [deleted] This provision is covered in the or be part of the management of the GA text.
infrastructure manager, and at the same time to directly or indirectly exercise control, hold any financial interest in or exercise any right over

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

a railway undertaking, or to manage the railway undertaking or be part of its management, and at the same time to directly or indirectly exercise control, hold any interest in or exercise any right over an infrastructure manager.

183.

3. For the implementation of this [deleted] MS shall keep the possibility of
Article, where the person referred having two public authorities to in paragraph 2 is a Member State depending from the same or another public body, two public Ministry. authorities which are separate and legally distinct from each other and which are exercising control or other rights mentioned in paragraph 2 over the infrastructure manager, on the one hand, and the railway undertaking, on the other hand, shall be deemed not to be the same person or persons.

184.

4. Provided that no conflict of 4. In vertically integrated Presidency compromise interest arises and that undertakings, the members of proposal
confidentiality of commercially the management board of the 4. In vertically integrated sensitive information is guaranteed, infrastructure manager and the undertakings, the members of the infrastructure manager may persons in charge of taking the management board of the subcontract specific development, decisions on the essential infrastructure manager and the renewal and maintenance works, functions shall not receive any persons in charge of taking over which it shall keep the financial benefits from railway decisions on the essential decision-making power, to railway undertakings or bonuses functions shall not receive any undertakings or to any other body principally related to the performance-based acting under the supervision of the financial performance of remuneration financial benefits infrastructure manager. particular railway undertakings. from railway undertakings any They can however be offered other legal entities within the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal incentives related to the overall undertaking or bonuses performance of the railway principally related to the system. financial performance of particular railway undertakings. They can however be offered incentives related to the overall performance of the railway system.

185.

Amendment 56
Article 1 – point 3 Article 7 – paragraph 4a (new) 186. 4a. Provided that the provisions EP AM not acceptable

concerning the institutional - Granting additional tasks to the separation of the infrastructure regulatory body, such as the manager, as laid down in prior approval of cooperation paragraphs 1 to 3, are respected, that agreements is not acceptable. no conflict of interest arises and that - Article 7c(3) of the GA text the confidentiality of commercially provides for the supervision of sensitive information is guaranteed, cooperation agreements by an Member States may authorise the independent competent body infrastructure manager to engage in determined by MS (pt 229) cooperation agreements, in a transparent, non-exclusive and nondiscriminatory way, with one or more applicants as regards a specific line or a local or regional part of the network, in such a way as to give such applicant an incentive to increase the efficiency of its cooperation in relation to the part of the network concerned. Such incentives shall consist in reductions of track access charges

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal corresponding to possible cost

savings for the infrastructure manager as a result of that cooperation. Such cooperation shall be aimed at delivering more efficient management of disruptions, maintenance works or congested infrastructure, or of a line or a part of the network prone to delays, or at improving safety. Its duration shall be limited to a maximum of five years and shall be renewable. The infrastructure manager shall inform the regulatory body referred to in Article 55 of the planned cooperation. The regulatory body shall give its prior approval to the cooperation agreement, demand its modification or reject it if the above conditions are not fulfilled. It may require the agreement to be modified at any stage throughout the duration of the agreement. The infrastructure manager shall inform the coordination committee referred to in Article 7d about the cooperation agreement.

187.

Amendment 122
Article 1 –point 3 Article 7 – paragraph 5 188. 5. Where on the date of entry into 5. Where on the date of entry into 5. Where information systems Presidency compromise

force of this Directive, the force of this Directive, the are common to different entities proposal infrastructure manager belongs to a infrastructure manager belongs to a within a vertically integrated 5. Where information systems

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

vertically integrated undertaking, vertically integrated undertaking, undertaking, access to sensitive are common to different entities Member States may decide not to Member States may decide not to information relating to essential within a vertically integrated apply paragraphs 2 to 4 of this apply paragraphs 2 to 4 of this functions shall be restricted to undertaking, access to sensitive Article. In such case, the Member Article. In such case, the Member authorized staff of the information relating to essential State concerned shall ensure that State concerned shall ensure that the infrastructure manager. functions shall be restricted to the infrastructure manager performs infrastructure manager performs all authorized staff of the all the functions referred to in the functions referred to in Article infrastructure manager. Article 3(2) and has effective 3(2) and has effective organisational Sensitive information shall not organisational and decision-making and decision-making independence be passed on to other entities independence from any railway from any railway undertaking in within a vertically integrated undertaking in accordance with the accordance with the requirements set undertaking. requirements set in Articles 7a to out in Articles 7a to 7c and 7b.’ [ 7c.’

189.

6. The provisions of paragraph 1 shall be without prejudice to the decision-making rights of
Member States as regards the development and funding of railway infrastructure and the competences of Member States as regards infrastructure financing and charging, as well as capacity allocation, as defined in Articles 4(2), 8, 29 and 39."

190.

4. The following Articles 7a to 7e 4. The following Articles 7a to 7g are inserted: are inserted:

191.

‘Article 7a "Article 7a

192.

Effective independence of the Independence of infrastructure manager within a the essential functions
vertically integrated undertaking 193. Amendment 123

Article 1 – point 4 Articles 7a

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

194.

1. Member States shall ensure that 1. Member States shall ensure that the 1. Member States shall ensure that EP AM not acceptable the infrastructure manager shall be infrastructure manager shall be the infrastructure manager has - Council text already provides a organised in a body which is legally organised in a body which is legally organizational and decisionsolution as regards financial distinct from any railway distinct from any railway undertaking making independence within the transfers from the IM to the undertaking or holding company or holding company controlling such limits set out in Articles 4(2), 29 railway operator.
controlling such undertakings and undertakings and from any other legal and 39, as regards the essential - Besides, in GA text, focus is from any other legal entities within entities within a vertically integrated functions. on the essential functions of the a vertically integrated undertaking. undertaking. infrastructure manager.

195.

2. Legal entities within the 2. Legal entities within the vertically 2. For the application of Presidency compromise vertically integrated undertaking integrated undertaking that are active paragraph 1, Member States proposal
that are active in railway transport in railway transport services markets shall ensure in particular that: 2. For the application of services markets shall not have any shall not have any direct or indirect paragraph 1, Member States direct or indirect shareholding in shareholding in the infrastructure - a railway undertaking or any shall ensure in particular that: the infrastructure manager. Nor manager, either directly, indirectly or other legal entity does not shall the infrastructure manager through subsidiaries. Nor shall the exercise a decisive influence on - a railway undertaking or any have any direct or indirect infrastructure manager have any the infrastructure manager in other legal entity does not shareholding in any legal entities direct or indirect shareholding in any relation to the essential exercise a decisive influence on within the vertically integrated legal entities within the vertically functions, without prejudice to the infrastructure manager in undertaking active in railway integrated undertaking active in the role of the Member States as relation to the essential transport services markets. railway transport services markets, regards the determination of the functions, without prejudice to either directly, indirectly or through charging framework and the the role of the Member States as subsidiaries. capacity allocation framework regards the determination of the and specific charging rules in charging framework and the This provision shall not, however, accordance with Articles 29 and capacity allocation framework preclude the existence of a vertically 39. and specific charging rules in integrated undertaking where one or accordance with Articles 29 and more railway undertakings are - a railway undertaking has no 39. owned or partly owned by the same decisive influence on undertaking as an infrastructure appointments and dismissals of - a railway undertaking or any manager (holding company). persons in charge of taking other legal entity within the decisions on the essential vertically integrated functions. undertaking has no decisive

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal influence on appointments and

-

the mobility of persons in dismissals of persons in charge charge of the essential functions of taking decisions on the does not create conflicts of essential functions. interest. - the mobility of persons in charge of the essential functions does not create conflicts of interest.

196.

3. The infrastructure manager’s 3. Member States may decide EP AM not acceptable
incomes may not be used in order 3. The infrastructure manager's that infrastructure charging and Article 7d of GA text, and the to finance other legal entities within incomes may not be used in order to path allocation shall be respective recitals (12c) to (12e), the vertically integrated finance other legal entities within the performed by a charging body are conclusive on the issues of undertaking but only in order to vertically integrated undertaking but and by an allocation body that financial transparency. finance the business of the only in order to finance the business are independent in their legal infrastructure manager and to pay of the infrastructure manager and to form, organisation and decision Reference to earmarking is not dividends to the ultimate owner of pay dividends. Dividend payments to making from any railway acceptable in the operative the vertically integrated company. the ultimate owner of the vertically The infrastructure manager may not integrated company shall be possible.

undertaking. In such a case, provisions of the directive:

grant loans to any other legal Those dividend payments by the

Member States may decide not to - Earmarking of revenues is

entities within the vertically infrastructure manager shall be

apply the provisions of Article against the principles of

integrated undertaking, and no earmarked to be used for investment

7(2) and the third indent of subsidiarity and sovereignty of

other legal entity within the in the renewal of the infrastructure

Article 7(3). Article 7(3), first MS.

vertically integrated undertaking in operation and shall not prevent

indent and Article 7(4) shall - Earmarking discourages

may grant loans to the the infrastructure manager from

apply mutatis mutandis to the private investment: if private

infrastructure manager. Any constituting reserves in order to

heads of divisions in charge of investors cannot be guaranteed a

services offered by other legal manage its profits and losses over

management of the return, they will not invest. This

entities to the infrastructure the business cycle.

infrastructure and provision of goes against the philosophy of railway services. making the rail sector more

manager shall be based on contracts These provisions shall not apply to competitive. and be paid at market prices. The payments to private investors in the A recital could be included on debt attributed to the infrastructure case of public-private partnerships. earmarking (see pt 234)

manager shall be clearly separated

from the debt attributed to other The infrastructure manager may not grant loans to any other legal entities

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

legal entities within the vertically only to its own subsidiaries. Within integrated undertaking, and these the vertically integrated undertaking, debts shall be serviced separately. and no other legal entity within the The accounts of the infrastructure vertically integrated undertaking may manager and of the other legal grant loans to the infrastructure entities within the vertically manager loans to the infrastructure integrated undertaking shall be kept manager may only be granted by the in a way that ensures the fulfilment holding company and shall be of these provisions and allows for subject to monitoring by the separate financial circuits for the regulatory body referred to in Article infrastructure manager and for the 55. The holding company shall other legal entities within the demonstrate to the satisfaction of the vertically integrated undertaking. regulatory body that the loan is

granted at market price and that it complies with Article 6.

Any services offered by other legal entities to the infrastructure manager shall be based on contracts and be paid at market prices. The debt attributed to the infrastructure manager shall be clearly separated from the debt attributed to other legal entities within the vertically integrated undertaking, and these debts shall be serviced separately.

The accounts of the infrastructure manager and of the other legal entities within the vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal separate financial circuits for the

infrastructure manager and for the other legal entities within the vertically integrated undertaking.

197.

4. Without prejudice to Article 8(4), [deleted] 4. The provisions of this the infrastructure manager shall Directive referring to the raise funds on the capital markets essential functions of an independently and not via other infrastructure manager shall legal entities within the vertically apply to the independent integrated undertaking. Other legal charging body and/or allocation entities within the vertically body.
integrated undertaking shall not raise funds via the infrastructure manager.

198.

5. The infrastructure manager shall 5. The infrastructure manager shall [deleted] keep detailed records of any keep detailed records of any
commercial and financial relations commercial and financial relations with the other legal entities within with the other legal entities within the the vertically integrated vertically integrated undertaking and undertaking and make them make them available to the regulatory available to the regulatory body body upon request, in accordance upon request, in accordance with with Article 56(12). Article 56(12).

199.

Article 7b Article 7b

200.

Effective independence of the staff Impartiality of the infrastructure and management of the manager in respect of traffic
infrastructure manager within a management and maintenance vertically integrated undertaking planning

201.

Amendment 124/rev
Article 1 – point 4 Articles 7b

202.

1. Without prejudice to the 1. Without prejudice to the decisions 1. The functions of traffic EP AM covered by the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

decisions of the regulatory body of the regulatory body under Article management and maintenance Presidency compromise under Article 56, the infrastructure 56, the infrastructure manager shall planning shall be exercised in a proposal in pt 176. manager shall have effective have effective decision-making transparent and nondecision-making powers, powers, independent from the other discriminatory manner. independent from the other legal legal entities within the vertically entities within the vertically integrated undertaking, with respect integrated undertaking, with respect to all the functions referred to in to all the functions referred to in Article 3(2) train path allocation and Article 3(2). The overall infrastructure charging. management structure and the corporate statutes of the The overall management structure infrastructure manager shall ensure and the corporate statutes of the that none of the other legal entities infrastructure manager shall ensure within the vertically integrated that none of the other legal entities undertaking shall determine, within the vertically integrated directly or indirectly, the behaviour undertaking shall determine, directly of the infrastructure manager in or indirectly, the behaviour of the relation to these functions. infrastructure manager in relation to these functions train path allocation and infrastructure charging.

The members of the supervisory board and of the management board of the infrastructure manager and the managers directly reporting to them shall act according to these principles.

203.

2. The members of the management [deleted] 2. As regards traffic
board and senior staff members of management, Member States the infrastructure manager shall not shall ensure that railway be in the supervisory or undertakings have full and management boards or be senior timely access to relevant staff members of any other legal information in cases of

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

entities within the vertically disruption concerning them. integrated undertaking. Where the infrastructure manager grants further access to The members of the supervisory or the traffic management process, management boards and senior staff it shall do so for the railway members of the other legal entities undertakings concerned in a within the vertically integrated transparent and nonundertaking shall not be in the discriminatory way. management board or be senior staff members of the infrastructure manager.

204.

3. The infrastructure manager shall [deleted] 3. As regards the long-term Presidency compromise have a Supervisory Board which is planning of major maintenance proposal composed of representatives of the and/or renewal of the railway 3. As regards the long-term ultimate owners of the vertically infrastructure, the infrastructure planning of major maintenance
integrated undertaking. manager shall consult applicants and/or renewal of the railway and shall take into account to the infrastructure, the infrastructure

The Supervisory Board may consult best possible extent the concerns manager shall consult applicants the Coordination Committee expressed. and shall take into account to the referred to under Article 7d on best possible extent the concerns

issues under its competence. expressed. The scheduling of

Decisions regarding the maintenance works shall be appointment and renewal, working done by the infrastructure conditions including remuneration, manager in a nonand termination of the office of the discriminatory way.

management board members of the infrastructure manager shall be taken by the Supervisory Board. The identity and the conditions governing the duration and the termination of office of the persons nominated by the Supervisory

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

Board for appointment or renewal as members of the management board of the infrastructure manager, and the reasons for any proposed decision terminating the office, shall be notified to the regulatory body referred to in Article 55. Those conditions and the decisions referred to in this paragraph shall become binding only if the regulatory body has expressly approved them. The regulatory body may object to such decisions where doubts arise as to the professional independence of a person nominated for the management board or in the case of premature termination of office of a member of the management board of the infrastructure manager.

Effective rights of appeal to the regulatory body shall be granted for members of the management board who wish to enter complaints against the premature termination of the office.

205.

4. For a period of three years after [deleted] [deleted] EP AM acceptable
leaving the infrastructure manager, members of the Supervisory Board or management board and senior staff members of the infrastructure manager shall not be entitled to hold any senior position with any

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

other legal entities within the vertically integrated undertaking. For a period of three years after leaving those other legal entities within the vertically integrated undertaking, their supervisory or management boards' members and senior staff members shall not be entitled to hold any senior position with the infrastructure manager.

206.

5. The infrastructure manager shall 5. The infrastructure manager shall [deleted] EP AM not acceptable have its own staff and be located in have its own management staff and - It is covered by Article 7(5) of separate premises from the other be located in separate premises from GA text
legal entities within the vertically the other legal entities within the - "essential functions" are integrated undertaking. Access to vertically integrated undertaking. defined in Article 3(2)(2e) GA information systems shall be Access to information systems shall text; providing social services to protected to ensure the be protected to ensure the staff does not constitute an independence of the infrastructure independence of the infrastructure essential function and is manager. Internal rules or staff manager. Internal rules or staff therefore allowed. contracts shall clearly limit contacts contracts shall clearly limit contacts with the other legal entities within with. Sensitive information held by the vertically integrated the infrastructure manager shall be undertaking to official duly protected and shall not be communications connected with the passed on to other entities. exercise of the functions of the infrastructure manager which are also exercised in relation to other railway undertakings outside the The infrastructure manager may vertically integrated undertaking. offer to its staff social services, such Transfers of staff other than those as those provided in schools, referred to under point (c) between kindergartens, sport centres and the infrastructure manager and the restaurants, in premises used by the other legal entities within the other legal entities within the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

vertically integrated undertaking vertically integrated undertaking to shall only be possible if it can be official communications connected ensured that sensitive information with the exercise of the functions of will not be passed on between the infrastructure manager which are them. also exercised in relation to other railway undertakings outside the vertically integrated undertaking. Transfers of staff other than those referred to under point (c) between. The infrastructure manager may cooperate with other entities of the vertically integrated undertaking as regards the development of their information systems.

The regulatory body shall approve or request changes to the arrangements concerning the implementation of this paragraph with the aim of ensuring the independence of the infrastructure manager and the other legal entities within the vertically. The regulatory body may request the integrated undertaking shall only be possible if it can be ensured that sensitive to provide it with any information will not be passed on between them that may be necessary.

207.

6. The infrastructure manager shall 6. The infrastructure manager shall [deleted] EP AM not acceptable have the necessary organisational have the necessary organisational Covered by Article 7c of GA capacity to perform all of its capacity to perform all of its text
functions independently from the functions independently from the other legal entities within the other legal entities within the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

vertically integrated undertaking vertically integrated undertaking and and shall not be allowed to delegate shall not be allowed to delegate to to these legal entities the operation these legal entities the operation of of these functions or any activities these functions or any activities related to them. related to them.

Provided that no conflict of interest, market distortion or discrimination arises and that confidentiality of commercially sensitive information is guaranteed, the infrastructure manager may subcontract specific development, renewal and maintenance works, over which it shall keep the decision-making power, to railway undertakings or to any other body acting under the supervision of the infrastructure manager.

208.

7. The members of the supervisory [deleted] [deleted] EP AM acceptable or management boards and senior
staff of the infrastructure manager shall hold no interest in or receive any financial benefit, directly or indirectly, from any other legal entities within the vertically integrated undertaking. Performance-based elements of their remuneration shall not depend on the business results of any other legal entities within the vertically integrated undertaking or any legal entities under its control, but

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

exclusively on those of the infrastructure manager.

209.

Amendments 101 and 125/rev
Article 1 – point 4 Articles 7 c

210.

Article 7c [Deleted] [deleted] EP AM acceptable

211.

Procedure of [Deleted] [deleted] EP AM acceptable verification of compliance

212.

1. Upon request of a Member State [Deleted] [deleted] EP AM acceptable or on its own initiative, the
Commission shall decide whether infrastructure managers which are part of a vertically integrated undertaking fulfil the requirements of Article 7a and Article 7b and whether the implementation of these requirements is appropriate to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the relevant market.

213.

2. The Commission shall be entitled [Deleted] [deleted] EP AM acceptable to require all necessary information
within a reasonable deadline from the Member State where the vertically integrated undertaking is established. The Commission shall consult the regulatory body or bodies concerned and, if appropriate, the network of regulatory bodies referred to in Article 57.

214.

3. Member States may limit the [Deleted] [deleted] EP AM acceptable

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

rights of access provided for in Article 10 to railway undertakings which are part of the vertically integrated undertaking to which the infrastructure manager concerned belongs, if the Commission informs Member States that no request has been made in accordance with paragraph 1 or pending the examination of the request by the Commission or if it decides, in accordance with the procedure referred to in Article 62(2), that:

215.

(a) no adequate replies to the [Deleted] [deleted] EP AM acceptable
Commission information requests in accordance with paragraph 2 have been made, or

216.

(b) the infrastructure manager [Deleted] [deleted] EP AM acceptable concerned does not fulfil the
requirements set out in Articles 7a and 7b, or

217.

(c) the implementation of [Deleted] [deleted] EP AM acceptable requirements set out in Articles 7a
and 7b is not sufficient to ensure a level playing field for all railway undertakings and the absence of distortion of competition in the Member State where the infrastructure manager concerned is established.

218.

The Commission shall decide [Deleted] [deleted] EP AM acceptable within a reasonable period of time.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

219.

4. The Member State concerned [Deleted] [deleted] EP AM acceptable may request the Commission to
repeal its decision referred to in paragraph 3, in accordance with the procedure referred to in Article 62(2), when that Member State demonstrates to the satisfaction of the Commission that the reasons for the decision do not exist any longer. The Commission shall decide within a reasonable period of time.

220.

5. Without prejudice to paragraphs [Deleted] [deleted] EP AM acceptable
1 to 4, the on-going compliance with the requirements set out in Articles 7a and 7b shall be monitored by the regulatory body referred to in Article 55. Any applicant shall have the right to appeal to the regulatory body if it believes that these requirements are not complied with. Upon such an appeal, the regulatory body shall decide, within the time-limits indicated in Article 56(9), on all the necessary measures to remedy the situation.

221.

Article 7c

222.

Outsourcing and sharing the infrastructure manager’s functions

223.

1. Provided that no conflicts of interest arise and the
confidentiality of commercially

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal sensitive information is

guaranteed, the infrastructure manager may:

224.

(a) outsource functions to a Presidency compromise different entity, provided the proposal
latter is neither a railway (a) outsource functions to a undertaking, nor controls a different entity, provided the railway undertaking, nor is latter is neither a railway controlled by a railway undertaking, nor controls a undertaking; railway undertaking, nor is controlled by a railway undertaking. Within a vertically integrated undertaking, essential functions shall not be outsourced to any other entity of the vertically integrated undertaking, unless such entity exclusively performs essential functions.

225.

(b) outsource the execution of works and related tasks on
development, maintenance and renewal of the railway infrastructure to railway undertakings or companies which control the railway undertaking, or are controlled by the railway undertaking.

226.

The infrastructure manager shall keep the supervisory power over and carry ultimate responsibility

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described in Article 3(2). Any entity carrying out essential functions shall comply with Articles 7, 7a, 7b and 7d.

227.

2. By derogation from Article
7(1), infrastructure management functions may be performed by different infrastructure managers, including parties to public-private partnership arrangements provided that they all fulfil the requirements of Articles 7(2) to (6), 7a, 7b and 7d and assume full responsibility for the exercise of the functions concerned.

228.

2a. When essential functions are not assigned to a power supply
operator, it shall be exempted from the rules applicable to infrastructure managers, provided that compliance with the relevant provisions concerning development of the network, in particular Article 8, is ensured.

229.

3. Subject to supervision by the independent competent body
determined by the Member States, an infrastructure manager may conclude cooperation agreements with one

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a non-discriminatory way and with a view to delivering benefits to customers such as reduced costs or improved performance on the part of the network covered by the agreement.

230.

That body shall monitor the execution of such agreements and may, in justified cases, advise that they should be
terminated. 231. Article 7d 232. Financial transparency 233. In addition to Article 6, the

following provisions shall apply: 234. (a) While respecting national Presidency compromise

procedures applicable in each proposal Member State, income from (a) While respecting national infrastructure management procedures applicable in each activities, including public funds, Member State, income from may be used by the infrastructure management infrastructure manager only to activities, including public finance its own business, funds, may be used by the including the servicing of its infrastructure manager only to loans, and to pay dividends to the finance its own business, owners of the company, which including the servicing of its may include any private loans, and to pay dividends to shareholders. the owners of the company, which may include any private shareholders, to the exclusion of the holding company.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal A recital could be included on earmarking, inspired by recital 32 of Directive 2011/76 i/EU (Eurovignette):

"While decisions on national public expenditure, including the use of revenues generated under this Directive, are, in line with the principle of subsidiarity, a matter for Member States, dividend payments by the infrastructure manager could be earmarked to be used for investment in the rail infrastructure."

235.

(b) Infrastructure managers shall not grant loans to railway undertakings, either directly or indirectly.

236.

(bb) Railway undertakings shall not grant loans to infrastructure managers, either directly or
indirectly. 237. (c) Loans between legal

entities of a vertically integrated undertaking, shall only be granted, disbursed and serviced at market rates and conditions which reflect the individual risk profile of the entity concerned.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

238.

(cc) Loans between legal entities of a vertically integrated undertaking granted before [date of entry into force of this Directive] shall continue until their maturity, provided that they were contracted at market rates and that they are actually disbursed and serviced.

239.

(d) Any services offered by other legal entities of a vertically integrated undertaking to the infrastructure manager shall be based on contracts and be paid either at market prices or at prices which reflect the cost of production, plus a reasonable margin of profit.

240.

(dd) Debts attributed to the infrastructure manager shall be clearly separated from debts attributed to other legal entities within vertically integrated
undertakings. These debts shall be serviced separately. This does not prevent that the final payment of debts is made via the undertaking mentioned in Article 3 point 31, first indent, or via an another entity within the undertaking.

241.

(de) The accounts of the infrastructure manager and of

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vertically integrated undertaking shall be kept in a way that ensures the fulfilment of these provisions and allows for separate accounting and transparent financial circuits within the undertaking.

242.

(f) Within vertically integrated undertakings, the infrastructure manager shall keep detailed records of any commercial and financial relations with the other legal entities within that undertaking.

243.

Where essential functions are performed by an independent charging and capacity allocation body in accordance with Article 7a(3) and Member States are not applying Article 7(2), the
provisions of this Article shall apply mutatis mutandis. References to infrastructure manager, railway undertaking and other legal entities of a vertically integrated undertaking in Article 7d shall be understood as referring to the respective divisions of the undertaking. Compliance with the requirements set out in Article 7d shall be demonstrated in the

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal separate accounts of the

respective divisions of the undertaking.

244.

Article 7d Article 7e

245.

Coordination Committee Coordination mechanisms Coordination

246.

Amendment 59
Article 1 – point 4 Article 7d – paragraph 1 247. 1. Member States shall ensure that 1. Member States shall ensure that Where appropriate, Member Presidency compromise

infrastructure managers set up and infrastructure managers set up and States shall ensure that proposal organise Coordination Committees organise Coordination Committees appropriate coordination Where appropriate, Member for each network. Membership of for each network. Membership of this mechanisms are put into place States shall ensure that this committee shall be open at committee shall be open at least to the between their main appropriate coordination least to the infrastructure manager, infrastructure manager, known infrastructure managers and all mechanisms are put into place to known applicants in the sense of applicants in the sense of Article 8(3) interested railway undertakings ensure coordination between Article 8(3) and, upon their request, and, upon their request, potential and applicants, as referred to in their main infrastructure potential applicants, their applicants, their representative Article 8(3). Representative of managers and all interested representative organisations, organisations, representatives of users users and local/regional railway undertakings and representatives of users of the rail of the rail freight and passenger authorities may be invited to applicants, as referred to in freight and passenger transport transport services and, where participate. The coordination Article 8(3). Where relevant, services and, where relevant, relevant, regional and local shall concern inter alia: representatives of users of the regional and local authorities. authorities including the competent rail freight and passenger Member State representatives and authorities. Member State transport services, and the regulatory body concerned shall representatives and the regulatory national, local/regional be invited to the meetings of the body concerned shall be invited to the authorities may shall be invited Coordination Committee as meetings of the Coordination to participate. The regulatory observers. Committee as observers. body concerned may participate as an observer. The coordination shall concern inter alia:

NB: This compromise also

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal covers partly AM 63 (pt 262)

248.

2. The Coordination Committee [deleted] shall make proposals concerning or
advising the infrastructure manager and, where appropriate, the Member State on:

249.

(a) the needs of applicants related (a) the needs of applicants related to the maintenance and to the maintenance and
development of the infrastructure development of the infrastructure capacity; capacity;

250.

(b) the content of the user-oriented (b) the content of the user-oriented performance targets contained in performance targets contained in the contractual agreements referred the contractual agreements referred to in Article 30 and of the to in Article 30 and of the incentives referred to in Article incentives referred to in Article 30(1) and their implementation; 30(1) and their implementation;

251.

(c) the content and implementation (c) the content and implementation of the network statement referred to of the network statement referred
in Article 27; to in Article 27; 252. (d) the charging framework and (d) issues of intermodality and

rules set by the State and the interoperability; charging scheme established by the infrastructure manager in accordance with Article 29 and the level and structure of infrastructure charges;

253.

Amendment 60
Article 1 – point 4 Article 7d – paragraph 2 –

point e 254. (e) the process for allocation of (e) the process for allocation of (e) any other issue related to the EP AM not acceptable

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

infrastructure capacity, including infrastructure capacity, including conditions for access and use of This AM is covered by the priority rules for the allocation of priority rules for the allocation of the infrastructure and the modifications incorporated in capacity between different capacity between different categories quality of the services of the the GA text. categories of infrastructure users; of infrastructure users; the principles infrastructure manager. of coordination in the event of conflicting requests to operate a rail service shall be governed by Article 46(4);

255.

Amendment 61
Article 1 – point 4 Article 7d – paragraph 2 – point ga

(new) 256. (ga) issues faced by the users of the EP AM not acceptable

rail freight and passenger transport This AM is covered by the services, including the quality of the modifications incorporated in service provided, the infrastructure the GA text (pt 254). charges, and the level and transparency of the rail service prices.

257.

(f) issues of intermodality; [deleted]

258.

(g) any other issue related to the [deleted] conditions for access and use of the
infrastructure and the quality of the services of the infrastructure manager.

259.

Amendment 62
Article 1 – point 4 Article 7 d – paragraph 2 –

subparagraph 2 260. The Coordination Committee shall The Coordination Committee shall [deleted] EP AM not acceptable

have the power to request relevant have the power to request relevant information from the infrastructure information from the infrastructure manager on points (a) to (g) in manager on points (a) to (g) (ga) in

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

order to be able to carry out these order to be able to carry out these tasks. tasks, without prejudice to commercial confidentiality.

261.

Amendment 63
Article 1 – point 4 Article 7d – paragraph 3 262. 3. The Coordination Committee 3. The Coordination Committee shall [deleted] EP AM not acceptable

shall draw up rules of procedure draw up rules of procedure that This AM is partly covered by that include, in particular, rules on include, in particular, rules on the modifications incorporated participation in and frequency of participation in and frequency of in the GA text (pt 247). meetings which shall be at least meetings which shall be at least quarterly. A report of the quarterly. The rules of procedure Presidency compromise Coordination Committee’s shall provide inter alia for regular proposal discussions shall be submitted consultation, at least once a year, of The infrastructure manager annually to the infrastructure the users of the rail freight and shall draw up and publish manager, the Member State, the passenger transport services and of guidelines for coordination, in regulatory body concerned and the railway sector workers' consultation with interested Commission with an indication of representatives. A report of the parties. Coordination shall the respective positions taken by Coordination Committee's take place at least annually the Committee members. discussions shall be submitted and the infrastructure annually to the infrastructure manager shall publish on its manager, the Member State, the website an overview of the regulatory body concerned, users of activities undertaken pursuant the rail freight and passenger to this provision. transport services and the railway sector workers' representatives Coordination under this concerned and the Commission with paragraph shall be without an indication of the respective prejudice to the right of positions taken by the Committee applicants to appeal to the members. regulatory body and the powers of the regulatory body as set out in Article 56.

263.

Article 7e Article 7f

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

264.

European Network of European Network of European Network of
Infrastructure Managers Infrastructure Managers Infrastructure Managers 265. Amendment 64

Article 1 – point 4 Article 7e – paragraph 1 266. 1. Member States shall ensure that 1. Member States shall ensure that 1. Member States shall ensure that Presidency compromise

infrastructure managers participate infrastructure managers participate their main infrastructure managers proposal and cooperate in a network to and cooperate in a network to develop participate and cooperate in a 1. Member States shall ensure develop the Union rail the Union rail infrastructure, and in network that convenes at regular that their main infrastructure infrastructure, in particular to particular to ensure: intervals to: managers participate and ensure timely and efficient (i) timely and efficient cooperate in a network that implementation of the transimplementation of the trans-European (a) develop the Union rail convenes at regular intervals to: European transport network, transport network, including the core infrastructure, including the core network network corridors, rail freight (a) develop the Union rail corridors, rail freight corridors corridors according to Regulation (b) support a timely and efficient infrastructure,

according to Regulation (EU) No (EU) No 913/2010 8 and the European implementation of the Single 913/2010 9 and the European Rail Rail Traffic Management System European Railway Area, (b) support a timely and efficient

Traffic Management System (ERTMS) deployment plan laid down implementation of the Single

(ERTMS) deployment plan laid in Decision 2012/88 i/EU 9 and (c) exchange best practices, European Railway Area, down in Decision 2012/88 i/EU 10 . (ii) the facilitation of efficient and (d) monitor performance, and (c) exchange best practices, effective cross-border passenger services within the Union, including (e) contribute to the market (d) monitor and benchmark through cross-border cooperation to monitoring activities referred to performance and overcome bottlenecks. in Article 15. (e) contribute to the market monitoring activities referred to in Article 15,

(f) tackle cross-border

9 OJ L 276, 20.10.2010, p. 22.

10 OJ L 51, 23.2.2012, p. 51.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal bottlenecks,

(g) discuss the application of Articles 37 and 40

with the view to facilitating the provision of efficient and effective rail services within the Union.

Coordination under this paragraph shall be without prejudice to the right of applicants to appeal to the regulatory body and the powers of the regulatory body as set out in Article 56.

267.

The Commission shall be a member 2. The Commission shall be a Presidency compromise of the Network. It shall coordinate member of the network, and shall proposal
and support the work of the support its work." 2. The Commission shall be a Network and make member of the network, and It recommendations to the Network, shall support its work and as appropriate. It shall ensure the facilitate coordination. active cooperation of the appropriate infrastructure managers.

268.

1a. The network shall also develop EP to provide information on the common framework principles in rationale behind this AM.
respect of charging for cross-border passenger services operating on more than one network as defined in Article 37 and allocation of capacity

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common principles shall be subject to the opinion of the network of regulatory bodies as referred to in Article 57.

269.

Amendment 65
Article 1 – point 4 Article 7e – paragraph 2 270. 2. The Network shall participate in 2. The Network shall participate in [deleted] EP AM not acceptable

the market monitoring activities the market monitoring activities The tasks of the European referred to in Article 15 and referred to in Article 15 and Network of Infrastructure benchmark the efficiency of benchmark the efficiency and Managers should be limited to infrastructure managers on the basis effectiveness of infrastructure the ones listed in Article 7f(1) of common indicators and quality managers on the basis of common (pt 266) criteria, such as the reliability, indicators and quality criteria, such as capacity, availability, punctuality the reliability, capacity, availability, and safety of their networks, asset punctuality and safety of their quality and utilisation, networks, asset quality and maintenance, renewals, utilisation, maintenance, renewals, enhancements, investments and enhancements, investments, and financial efficiency. financial efficiency and transparency of the charging framework and charging rules.

271.

Amendment 66
Article 1 – point 4 Article 7e – paragraph 3 272. 3. The Commission may adopt

measures setting out the common 3. The Commission may, taking into

[deleted] EP AM not acceptable

principles and practices of the account the views expressed by the Network, in particular to ensure Network, shall adopt measures consistency in benchmarking, and setting out the common principles and the procedures to be followed for practices of the Network, in particular cooperation in the Network. Those to ensure consistency in

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

measures shall be adopted by benchmarking, and the procedures to means of an implementing act in be followed for cooperation in the accordance with the procedure Network. Those measures shall be referred to in Article 62(3).’ adopted by means of an implementing a delegated act in accordance with the procedure referred to in Article 62(3) 60.

273.

5. Article 10 is amended as follows: 5. Article 10 is amended as follows:

274.

(b) a new paragraph 1(a) is added:

275.

"1(a). Without prejudice to the international obligations of the Union and the Member States, Member States having a border to a third country may limit the right of access provided for in Article 10 for services operated from/to that third country
running on a network whose track gauge is different from the main railway network within the EU if distortions of competition arise in cross-border railway transport between Member States and that third country. Such distortions may result, inter alia, from lack of nondiscriminatory access to rail infrastructure and related services in the third country concerned.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

276.

If a Member State, in accordance with this paragraph, intends to
adopt a decision to limit right of access, it shall submit the draft decision to the European Commission and consult the other Member States accordingly.

277.

If, within a period of three months, neither the Commission nor a Member State formulates objections, the Member State may adopt the decision.

278.

The Commission may adopt measures setting out the details of the procedure and criteria to be followed for the application of this paragraph. Those
implementing acts shall be adopted in accordance with the examination procedure referred to in Article 62(3)."

279.

(a) paragraph 2 is replaced by the (a) paragraph 2 is replaced by the following: following:

280.

‘2. Railway undertakings shall be "2. Without prejudice to granted, under equitable, non Regulation (EC) N°1370/2007, discriminatory and transparent railway undertakings shall be conditions, the right of access to granted, under equitable, nonrailway infrastructure in all discriminatory and transparent Member States for the purpose of conditions, the right of access to operating all types of rail passenger railway infrastructure in all services. Railway undertakings Member States for the purpose of shall have the right to pick up operating […] rail passenger

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

passengers at any station and set services. Railway undertakings them down at another. That right shall have the right to pick up shall include access to passengers at any station and set infrastructure connecting service them down at another. That right facilities referred to in point 2 of shall include access to Annex II.’; infrastructure connecting service facilities referred to in point 2 of Annex II."

281.

Amendment 67
Article 1 – point 5 – point aa (new) Article 10 – paragraph 2a (new)

282.

(aa) the following paragraph 2a is EP AM not acceptable inserted: - Drafting depends on the outcome of the discussions on
'2a. A Member State shall not be reciprocity clauses. required to grant any right of access - The external reciprocity clause to infrastructure for the purpose of included in the GA text is tailoroperating any type of services to a made to address the needs of railway undertaking where that some specific MS (Article 10 undertaking is controlled directly or (1a) - pt 275). indirectly by a person or persons from a third country or third countries in which rights of access to infrastructure and service facilities are not granted to Union undertakings on conditions similar to those specified in this Directive. For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law

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exercising decisive influence on an undertaking, in particular by:

(a) ownership or the right to use all or part of the assets of the undertaking concerned;

(b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.';

283.

(b) paragraphs 3 and 4 are deleted. (c) paragraphs 3 and 4 are deleted.

284.

6. Article 11 is amended as follows: 6.Article 11 is amended as follows:

285.

(a) paragraph 1 is replaced by the (a) paragraph 1 is replaced by the following: following:

286.

Amendment 68
Article 1 – point 6 – point a Article 11 – paragraph 1

287.

‘1. Member States may limit the 1. Member States may limit the right ‘1. Member States may limit the right of access provided for in of access provided for in Article right of access provided for in
Article 10(2) to passenger services 10(2) to passenger services between a Article 10(2) to passenger services between a given place of departure given place of departure and a given between a given place of departure and a given destination when one or destination when one or more public and a given destination when one more public service contracts cover service contracts cover the same route or more public service contracts the same route or an alternative or an alternative route if the exercise cover the same route or an route if the exercise of this right of this right would compromise the alternative route if the exercise of would compromise the economic economic equilibrium of the public this right would compromise the equilibrium of the public service service contract or contracts in economic equilibrium of the public contract or contracts in question.’; question. High-speed passenger service contract or contracts in services shall not be limited in their question.’; right of access provided for in Article 10(2).

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

Competent authorities and infrastructure managers shall give advance notice to all interested parties of capacity requests pursuant to Regulation (EC) No 1370/2007 i of the European Parliament and of the Council* that may conflict with the rights of access pursuant to Article 10 of this Directive.

All passenger services that are not part of a public service contract shall be referred to as open access services. If a competent authority creates a new public service contract, or extends the scope of an existing one, in the sense of using more infrastructure capacity than was previously used, the rights of access of undertakings that provide existing open access services which may be affected by the decision of the competent authority shall not be subject to any limitations. ----------------- * Regulation (EC) No 1370/2007 i of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal 1191/69 and 1107/70 (OJ L 315,

3.12.2007, p. 1). 288. (b) the first subparagraph of (b) the first subparagraph of

paragraph 2 is replaced by the paragraph 2 is replaced by the following: following:

289.

Amendments 69 and 114
Article 1 – point 6 – point b Article 11 – paragraph 2 – subparagraph 1

290.

'In order to determine whether the In order to determine whether the 'In order to determine whether the EP AM not acceptable economic equilibrium of a public economic equilibrium of a public economic equilibrium of a public There is no need to add these service contract would be service contract would be service contract would be provisions, as the existing compromised, the relevant compromised, the relevant regulatory compromised, the relevant provisions and work on regulatory body or bodies referred body or bodies referred to in Article regulatory body or bodies referred implementing acts cover these to in Article 55 shall make an 55 shall make an objective economic to in Article 55 shall make an questions.
objective economic analysis and analysis and base its decision on preobjective economic analysis and base its decision on pre-determined determined criteria. base its decision on pre-determined criteria. They shall determine this criteria. They shall determine this after a request from any of the Those criteria shall cover, inter alia, after a request from any of the following, submitted within one the impact of the exercise of the following, submitted within one month from the information on the right of access on the profitability of month from the information on the intended passenger service referred any services comprised in the public intended passenger service referred to in Article 38(4): service contract, including the to in Article 38(4): resulting impacts on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, the location and number of stops and timing and the frequency of the proposed new service, and shall be established by the regulatory body referred to in Article 55 in compliance with the

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal measures provided for in paragraph

4 of this Article. The analysis shall assess whether the viability of the services operated under the public service contract would be compromised by a new open access service.

The economic equilibrium of the public service contract shall not be deemed to be compromised if the regulatory body predicts that the prospective new service would be mainly revenue-generating rather than revenue-abstracting for the rail sector, and that the revenue loss for the set of services under the public service contract or contracts, if any, would not be substantial. In accordance with such analysis and the decision of the relevant regulatory body, Member States shall be empowered to authorise, modify or deny the right of access for the passenger service sought.

2a. Where a public service contract is awarded through a competitive public tendering procedure in accordance with Union law, Member States may, in accordance with Regulation (EC) No 1370/2007 i, limit the right of access provided for in

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal Article 10(2) of this Directive for the

duration of that public service contract on services between a place of departure and a destination which are covered by that public service contract. The information that the right of access is limited shall be made public when the tendering procedure for that public service contract is launched. Any additional new service within the meaning of Article 10(2) which is predicted by the regulatory body to be mainly revenue-generating rather than revenue-abstracting for the rail sector and in respect of which the revenue loss for the set of services under the public service contract, if any, is predicted not to be substantial shall not be limited in its access.

The limitations referred to in this paragraph shall not have the effect of restricting the right to pick up passengers at any station located along the route of an international service and to set them down at another, including at stations located in the same Member State.

2b. The regulatory body or bodies performing the analyses referred to in paragraphs 2 and 2a make its or

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from any of the following, submitted within one month from receipt of the information on the intended passenger service referred to in Article 38(4):

291.

(a) the competent authority or (a) the competent authority or (a) the competent authority or competent authorities that awarded competent authorities that awarded competent authorities that awarded the public service contract; the public service contract; the public service contract;

292.

(b) any other interested (b) any other interested competent (b) any other interested competent authority with the right authority with the right to limit access competent authority with the right to limit access under this Article; under this Article; to limit access under this Article;

293.

(c) the infrastructure manager; (c) the infrastructure manager; (c) the infrastructure manager;

294.

(d) the railway undertaking (d) the railway undertaking (d) the railway undertaking performing the public service performing the public service performing the public service contract.’; contract; contract.

295.

(da) the railway undertaking that EP AM not acceptable has requested capacity in
accordance with Article 38(4). 296. Amendment 70

Article 1 – point 6 – point c Article 11 – paragraphs 3 and 4 297. (c) paragraph 3 is replaced by c) paragraphs 3 and 4 are replaced (c) paragraph 3 is replaced by the

the following: by the following: following: 298. ‘3. The regulatory body shall 3. The regulatory body shall give the ‘3. The regulatory body shall give

give the grounds for its decision grounds for its decision and the the grounds for its decision and the and the conditions under which a conditions under which a conditions under which a reconsideration of the decision reconsideration of the decision within reconsideration of the decision within one month of its notification one month of its notification may be within one month of its notification may be requested by one of the requested by one of the following:, may be requested by one of the following:, following:

299.

(a) the relevant competent (a) the relevant competent authority (a) the relevant competent authority or competent authorities; or competent authorities; authority or competent authorities;

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

300.

(b) the infrastructure manager; (b) the infrastructure manager; (b) the infrastructure manager;

301.

(c) the railway undertaking (c) the railway undertaking (c) the railway undertaking performing the public service performing the public service performing the public service contract; contract; contract;

302.

(d) the railway undertaking (d) the railway undertaking seeking (d) the railway undertaking seeking seeking access.’; access.’; access.

303.

In case the regulatory body decides In case the regulatory body decides This amendment appears to be
that the economic equilibrium of a In case Where the regulatory body that the economic equilibrium of a mainly editorial public contract would be decides in accordance with public contract would be Further information from EP is compromised by the intended paragraph 2 that the economic compromised by the intended welcomed to explain the need

passenger service referred to in equilibrium of a public contract passenger service referred to in for this AM. Article 38(4), it shall indicate would be compromised by the Article 38(4), it shall indicate possible changes to such service intended passenger service referred to possible changes to such service which would ensure that the in Article 38(4), it shall indicate which would ensure that the conditions to grant the right of possible changes to such service conditions to grant the right of access provided for in Article 10(2) which would ensure that the access provided for in Article 10(2)

are met.'; conditions to grant the right of access provided for in Article 10(2) are met. are met.';

304.

(d) In paragraph 4, a second sentence is added as follows:

305.

[No changes in the Commission 4. Based on the experience of EP AM not acceptable proposal] regulatory bodies, competent - Council in favour of keeping authorities and railway undertakings implementing acts (and not and based on the activities of the delegated acts) as already network referred to in Article 57(1), foreseen in Article 11(4) of the the Commission shall adopt by 16 existing Directive. An December 2016 measures setting out implementing act exists for the the details of the procedure and international passenger services; criteria to be followed for the what is the rationale of a application of paragraphs 1, 2 and 3 delegated act for domestic of this Article. Those delegated acts "The Commission shall adopt passenger services?
shall be adopted in accordance with comparable measures by [36 - Highly complex area requires the procedure referred to in Article months from the entry into force the involvement of rail experts,

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal 60. of this Directive] in relation to as well as its strong impact on domestic passenger services." MS's investments

306.
(d) paragraph 5 is deleted. (e) paragraph 5 is replaced by the
following: 307. "5. Member States may also limit

the right of access to railway infrastructure for the purpose of operating domestic passenger services between a given place of departure and a given destination within the same Member State when:
- -
  
  exclusive rights to convey passengers between these stations have been granted under a public service contract awarded before 16 June 2015 or
- -
  
  an additional right / license to operate commercial passenger services in competition with another operator between these stations has been awarded before the end of the transposition period of this Directive on the basis of a fair competitive tendering procedure
and where these operators receive no compensation to operate these services. Such a limitation may continue for the original duration

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal of the contract or license, or 10

years from the date of entry into force of this Directive, whichever is shorter."

308.

7. The following Article 13a is 7. The following Article 13a is inserted: inserted:

309.

‘Article 13a ‘Article 13a

310.

Amendment 71
Article 1 – point 7 Article 13a – title

311.

Common information and Common information and Common information and Common information and integrated ticketing schemes ticketing schemes integrated ticketing schemes integrated through-ticketing schemes

312.

Amendment 72
Article 1 – point 7 Article 13a – paragraph 1 313. 1. Without prejudice to Regulation 1. All timetabling data shall be 1. Without prejudice to Regulation EP insists on compromise text

(EC) No 1371/2007 11 and Directive deemed to constitute public data and (EC) No 1371/2007 10 and Directive that emphasizes the importance 2010/40/EU 12 , Member States may shall be made available accordingly. 2010/40/EU 11 , Member States may of through ticketing schemes.

require railway undertakings require railway undertakings operating domestic passenger Notwithstanding Regulation (EC) operating domestic passenger Presidency compromise services to participate in a common No 1371/2007 and Directive services to participate in a common proposal for a recital: information and integrated ticketing 2010/40/EU, Member States shall information and integrated scheme for the supply of tickets, require all rail stakeholders such as ticketing scheme for the supply of "Given the importance of through-tickets and reservations or railway undertakings, infrastructure tickets, through-tickets and promoting seamless public decide to give the power to managers and ticket vendors to use reservations or decide to give the transport systems, railway competent authorities to establish by 12 December 2019 an power to competent authorities to undertakings should be such a scheme. If such a scheme is interoperable through-ticketing and establish such a scheme. If such a encouraged to cooperate established, Member States shall information system that fulfils the scheme is established, Member towards the development of ensure that it does not create market objective of enabling passengers to States shall ensure that it does not integrated information and

11 OJ L315, 3.12.2007, p. 14.

12 OJ L207, 6.8.2010, p. 1.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

distortion or discriminate between access all data needed to plan a create market distortion or ticketing systems enabling railway undertakings and that it is journey and to reserve and buy their discriminate between railway multimodal, cross-border and managed by a public or private tickets within the Union. undertakings and that it is managed door-to-door mobility options. legal entity or an association of all by a public or private legal entity railway undertakings operating Member States shall require railway or an association of all railway Through ticketing systems passenger services. undertakings to cooperate in setting undertakings operating passenger should be interoperable and

up, by 12 December 2019, a common services. non-discriminatory. Railway travel information and ticketing undertakings could contribute scheme for the supply of tickets, to their development by through-tickets and reservations for making available in a nonall public passenger transport by rail discriminatory manner all provided under a public service relevant data in an contract pursuant to Regulation interoperable format. Such (EC) No 1370/2007 or shall decide to systems should not empower relevant authorities to set discriminate between railway up such a scheme. The scheme shall undertakings and respect the not create market distortion or need to ensure confidentiality discriminate between railway of commercial information, undertakings. It shall be managed by protection of personal data a public or private legal entity or by and compliance with an association of all railway competition rules. undertakings operating passenger services. The Commission should monitor market Railway undertakings operating developments." commercial public passenger services shall have nondiscriminatory access to the scheme for the purpose of providing information on, and selling tickets for, public passenger transport by rail as an add-on to their own transport services.

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

Any system shall be devised in such a way as to be interoperable in accordance with Directive 2008/57/CE and the basic technical specifications on telematic applications. It shall apply those technical requirements in order to ensure, in particular, consistency in charging and clearing, confidentiality of commercial information, protection of personal data and compliance with competition rules. Any system or application offering additional services to passengers shall be interoperable with those technical specifications. Member States shall ensure that access to the basic technical specifications on telematic applications is open and nondiscriminatory.

Any commercial agreement between participants shall be in conformity with competition rules.

The costs of such a system shall be divided fairly among the participants, in a manner which reflects their respective contributions.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

The regulatory body shall ensure that any such through-ticketing system does not create market distortion or discriminate between railway undertakings.

Member States may also require railway undertakings operating domestic passenger services and providers of passenger transport by other modes of transport to participate in a common interoperable travel information and integrated ticketing scheme for the supply of tickets, through-tickets and reservations or decide to give the power to competent relevant authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings and other providers of passenger transport and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services.

314.

Amendment 73
Article 1 – point 7 Article 13a – paragraph 2

315.

2. Member States shall require 2. Member States shall require 2. Member States shall require EP AM not acceptable

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

railway undertakings operating railway undertakings operating railway undertakings operating GA text is more streamlined and passenger services to put in place passenger services to put in place and passenger services to put in place proportionate. EP AM creates and coordinate contingency plans to coordinate set up, and coordinate, contingency plans and shall unnecessary administrative provide assistance to passengers, in including with respect to major ensure that these contingency burden. the sense of Article 18 of routes within the Union, national plans are properly coordinated to Regulation (EC) No 1371/2007 i, in contingency plans to provide provide assistance to passengers, in the event of a major disruption to assistance to passengers, in the sense the sense of Article 18 of services.’ of Article 18 of Regulation (EC) No Regulation (EC) No 1371/2007 i, in 1371/2007, taking account of the event of a major disruption to Commission Decision services.’ 2008/164/EC*, in the event of a major disruption to services triggered by a natural or man-made disaster. Each railway undertaking operating passenger services and each station manager shall put in place its own contingency plan in accordance with national contingency plans.

---------- * Commission Decision 2008/164/EC i of 21 December 2007 on technical specifications for interoperability as regards 'persons of reduced mobility' in the trans-European conventional and high-speed rail system (OJ L 64, 7.3.2008, p. 72).

316.

Amendment 74
Article 1 – point 7a (new) Article 19 – point da (new) 317. 7a. In Article 19, the following point Drafting depends on the

is added: outcome of the discussions on '(da) have undertaken to apply the social provisions respective collective agreements of

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal the Member States in which the

undertaking wishes to operate.'; 318. 13. Article 32(4) is amended as

follows: 319. "The infrastructure charges for

the use of railway corridors which are specified in Commission Decision 2009/561/EC may be differentiated to give incentives to equip trains with the ETCS compliant with the version adopted by the Commission Decision 2008/386/EC i and successive versions. Such differentiation shall not result in any overall increase in revenue for the infrastructure manager.

320.

Member States may decide that this differentiation of
infrastructure charges does not apply to railway lines specified in Decision 2009/561/EC i on which only ETCS equipped trains may run.

321.

Member States may decide to extend this differentiation to railway lines not specified in Decision 2009/561/EC i."

322.

8. In Article 38, paragraph 4 is 8. In Article 38, paragraph 4 is replaced by the following: replaced by the following:

323.

‘4. Where an applicant intends to ‘4. Where an applicant intends to request infrastructure capacity with request infrastructure capacity with

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

a view to operating a passenger a view to operating a passenger service, it shall inform the service, in a Member State where infrastructure managers and the the right of access to railway regulatory bodies concerned no less infrastructure is limited in than 18 months before the entry accordance with Article 11, it into force of the working timetable shall inform the infrastructure to which the request for capacity managers and the regulatory bodies relates. In order to enable concerned no less than 18 months regulatory bodies concerned to before the entry into force of the assess the potential economic working timetable to which the impact on existing public service request for capacity relates. In contracts, regulatory bodies shall order to enable regulatory bodies ensure that any competent authority concerned to assess the potential that has awarded a rail passenger economic impact on existing public service on that route defined in a service contracts, regulatory bodies public service contract, any other shall ensure that any competent interested competent authority with authority that has awarded a rail the right to limit access under passenger service on that route Article 11 and any railway defined in a public service contract, undertaking performing the public any other interested competent service contract on the route of that authority with the right to limit passenger service is informed access under Article 11 and any without undue delay and at the railway undertaking performing the latest within five days.’ public service contract on the route of that passenger service is informed without undue delay and at the latest within 10 days.’

324.

Amendment 75
Article 1 – point 8a (new) Article 42 – paragraph 1 (new) 325. [No changes to Article 42 in the 8a. In Article 42, the following EP AM not acceptable

Commission proposal] paragraph 1a is inserted: - EP AM already covered by existing Article 56 (1)(f) on

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal '1a. With a view to preventing arrangements for access.

discrimination against applicants, - Implementing act under the regulatory body referred to in discussion at expert level as Article 55 of this Directive shall give regards the framework prior approval to such a framework agreement. agreement and shall oversee a - It should be for the MS to give framework agreement in force on its a prior approval, not for the own initiative. An applicant shall regulatory body. It should have the right to appeal to the intervene afterwards, as a judge, regulatory body if it believes that it not as a "legislator". has been unfairly treated or - An ex post control provides discriminated against, or if it is in enough powers to the regulatory any other way aggrieved by a body to redress possible framework agreement. In the event problems. of an appeal against a framework agreement, the regulatory body shall either confirm that no modification of the framework agreement is required or shall require modification of that framework agreement in accordance with directions specified by the regulatory body, not later than two months after the appeal is received by the regulatory body. The infrastructure manager and the railway undertaking shall comply with the regulatory body's decision as soon as is materially feasible, and in any case not later than one month after receiving notification of that decision from the regulatory body. Whilst performing the functions

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regulatory body shall pay particular attention to the protection of business secrets.

326.

Amendment 76
Article 1 – point 8b (new) Article 46 – paragraph 4

327.

[No changes to Article 46 in the 8b. In Article 46, paragraph 4 is Clarification on this AM to be
Commission proposal] replaced by the following: provided by EP

'4. The principles governing the coordination process shall be set out in the network statement. These shall, in particular, reflect the difficulty of arranging international train paths and the effect that modification may have on other infrastructure managers. In the event of conflicting requests to operate a rail service in the same market segment, the infrastructure manager, when allocating capacity, shall take into consideration only the infrastructure disputed and not the overall volume of capacity requested by the competing applicants.';

328.

Amendment 77
Article 1 – point 8c (new) Article 54 – paragraph 1

329.

[No changes to Article 54 in the 8c. In Article 54, paragraph 1 is EP AM acceptable
Commission proposal] replaced by the following:

'1. In the event of disturbance to

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal train movements caused by

technical failure or accident, the infrastructure manager shall take all necessary steps to restore the situation to normal. To that end, it shall draw up a contingency plan listing the various bodies to be informed in the event of serious incidents or serious disturbance to train movements. In the event of disturbance which has a potential impact on cross-border traffic, the infrastructure manager shall share any relevant information with other infrastructure managers whose network and traffic may be affected by that disturbance. The infrastructure managers concerned shall cooperate to restore the crossborder traffic to normal.

330.

Amendment 78
Article 1 – point 8d (new) Article 55 – paragraph 3a (new) 331. [No changes to Article 55 in the 8d. In Article 55, the following EP AM not acceptable

Commission proposal] paragraph is added: EP AM is covered in Article 56(5) of the current Directive.

'3a. Member States shall ensure that the regulatory bodies have the necessary organisational and operational resources referred to in Article 56 of this Directive and shall, where necessary, adopt an action plan for the purpose of providing

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal them with those resources.';

332.

Amendment 79
Article 1 – point 8e (new) Article 56

333.

[No changes to Article 56 in the 8e. Article 56 is amended as follows: 10. In Article 56(1), the following
Commission proposal] letters (h), (i) and (j) are inserted:

334.

‘Article 56 Drafting depends on the
Functions of the regulatory body outcome of the discussions on the role of the regulatory body

EP indicated they would let us know which specific ex ante functions it wishes to grant to the regulatory body

335.

1. Without prejudice to Article 46(6), an applicant shall have the right to
appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular against decisions adopted by the infrastructure manager or where appropriate the railway undertaking or the operator of a service facility concerning:

336.

(a) the network statement in its provisional and final versions;

337.

(b) the criteria set out in it;

338.

(c) the allocation process and its result;

339.

(d) the charging scheme;

340.

(e) the level or structure of

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal infrastructure charges which it is, or

may be, required to pay; 341. (f) arrangements for access in

accordance with Articles 10 to 13; 342. (g) access to and charging for

services in accordance with Article 13;

343.
(ga) scheduled and unscheduled EP AM is covered in point (i) of infrastructure maintenance work. the GA text (pt 345).
- -
  
  All types of maintenance works are actually covered in the GA text. - Besides, talking about an "unscheduled maintenance", is a contradiction as maintenance is, by essence, always planned.
See Presidency compromise proposal in pt 204 to cover this EP AM, together with this proposal:

Presidency compromise proposal: "The following sentence is added in Article 53(3): 'The infrastructure manager shall keep a record of all unscheduled maintenance work and make it available, upon request, to the regulatory body.'"

344.

‘(h) traffic management;

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

345.

(i) maintenance and renewal planning.

346.

(j) compliance with the requirements set out in Articles 2(13), 7, 7a, 7b, 7c and 7d.’

347.

2. Without prejudice to the powers of 11. Reference to "(g)" in the national competition authorities paragraphs (2) and (9) of Article for securing competition in the rail 56 is replaced by a reference to services markets, the regulatory body "(j)". shall have the power to monitor the competitive situation in the rail services markets and shall, in particular, control points (a) to (ga) of paragraph 1 on its own initiative and with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers for the infrastructure manager that may be used to discriminate against applicants.

348.

3. The regulatory body shall also

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal cooperate closely with the national

safety authority within the meaning of Directive 2008/57/EC i of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community [19], and the licensing authority within the meaning of this Directive.

349.

Member States shall ensure that these authorities jointly develop a
framework for information-sharing and cooperation aimed at preventing adverse effects on competition or safety in the railway market. This framework shall include a mechanism for the regulatory body to provide the national safety and licensing authorities with recommendations on issues that may affect competition in the railway market and for the national safety authority to provide the regulatory body and licensing authority with recommendations on issues that may affect safety. Without prejudice to the independence of each authority within the field of their respective competences, the relevant authority shall examine any such recommendation before adopting its decisions. If the relevant authority decides to deviate from these recommendations, it shall give

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal reasons in its decisions.

350.

4. Member States may decide that the regulatory body is given the task to
adopt non-binding opinions on the provisional versions of the business plan referred to in Article 8(3), the contractual agreement and the capacity-enhancement plan to indicate in particular whether these instruments are consistent with the competitive situation in the rail services markets.

351.

5. The regulatory body shall have the necessary organisational capacity in terms of human and material
resources, which shall be proportionate to the importance of the rail sector in the Member State.

352.

6. The regulatory body shall ensure EP AM not acceptable that charges set by the infrastructure - The regulatory body should not manager comply with Section 2 of give a prior approval. It should Chapter IV and are nonintervene afterwards, as a judge, discriminatory. The regulatory body not as a "legislator".
shall ensure that the access charges - An ex post control provides set by the infrastructure manager, enough powers to the regulatory operators of service facilities or body to redress possible railway undertakings – including for problems. access to tracks and access to - Infrastructure charging is one stations, their buildings and other of the essential functions of the facilities, including facilities for the IM. If the regulatory body is display of travel information – are involved in this issue, it will not discriminatory. In that undermine the independence of connection, proposed changes to the the IM.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal level or structure of the charges - Already covered in Article referred to in this paragraph shall be 56(1)(f) of current Directive. notified to the regulatory body at the

latest two months prior to their COM confirms that AM is scheduled entry into force. Until one covered in Article 56(1)(f) of the month prior to their entry into force, current Directive and suggests the regulatory body may insist on a adding in Article 56(1)(g) a reduction or an increase in the reference to facilities for the proposed changes, on their display of travel information. postponement or on their cancellation. Negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. The regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter.

353.

7. The regulatory body shall, regularly and, in any case, at least every two years, consult
representatives of users of the rail freight and passenger transport services, to take into account their views on the rail market.

354.

8. The regulatory body shall have the power to request relevant information from the infrastructure manager,
applicants and any third party involved within the Member State concerned.

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal

355.

Information requested shall be supplied within a reasonable period set by the regulatory body that shall not exceed one month, unless, in exceptional circumstances, the regulatory body agrees to, and authorises, a time-limited extension, which shall not exceed two additional weeks. The regulatory body shall be able to enforce such requests with appropriate penalties, including fines. Information to be supplied to the regulatory body includes all data which the regulatory body requires in the framework of its appeal function and in its function of monitoring the competition in the rail services markets in accordance with paragraph 2. This includes data which are necessary for statistical and market observation purposes.

356.

9. The regulatory body shall consider 11. Reference to "(g)" in any complaints and, as appropriate, paragraphs (2) and (9) of Article shall ask for relevant information and 56 is replaced by a reference to initiate consultations with all relevant "(j)". parties, within one month from the receipt of the complaint. It shall decide on any complaints, take action to remedy the situation and inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within six weeks from receipt of all

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal relevant information. Without

prejudice to the powers of the national competition authorities for securing competition in the rail service markets, the regulatory body shall, where appropriate, decide on its own initiative on appropriate measures to correct discrimination against applicants, market distortion and any other undesirable developments in these markets, in particular with reference to points (a) to (ga) of paragraph 1.

357.

A decision of the regulatory body shall be binding on all parties covered by that decision, and shall not be subject to the control of another
administrative instance. The regulatory body shall be able to enforce its decisions with the appropriate penalties, including fines.

358.

In the event of a complaint against a EP AM not acceptable refusal to grant infrastructure
capacity, or against the terms of an offer of capacity, the regulatory body shall either confirm that no modification of the infrastructure manager's decision is required, or it shall require modification of that decision in accordance with its instructions. The infrastructure manager shall comply with the decision of the regulatory body at the

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notification of that decision. 359. 10. Member States shall ensure that

decisions taken by the regulatory body are subject to judicial review. The appeal may have suspensive effect on the decision of the regulatory body only when the immediate effect of the regulatory body's decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law, where applicable.

360.

11. Member States shall ensure that decisions taken by the regulatory
body are published. 361. 12. Article 56(12) is amended as

follows: 362. 12. The regulatory body shall have "In order to verify compliance

the power to carry out audits or with accounting separation initiate external audits with provisions laid down in Article 6 infrastructure managers, operators of and provisions on financial service facilities and, where relevant, transparency laid down in railway undertakings, to verify Article 7d, the regulatory body compliance with accounting shall have the power to carry out separation provisions laid down in audits or initiate external audits Article 6. In this respect, the with infrastructure managers, regulatory body shall be entitled to operators of service facilities and, request any relevant information. In where relevant, railway particular the regulatory body shall undertakings. In the case of

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal have the power to request vertically integrated

infrastructure manager, operators of undertakings, these powers shall service facilities and all undertakings extend to all legal entities. […] or other entities performing or The regulatory body shall be integrating different types of rail entitled to request any relevant transport or infrastructure information. In particular the management as referred to in Article regulatory body shall have the 6(1) and (2) and Article 13 to provide power to request infrastructure all or part of the accounting manager, operators of service information listed in Annex VIII with facilities and all undertakings or a sufficient level of detail as deemed other entities performing or necessary and proportionate. integrating different types of rail transport or infrastructure Without prejudice to the powers of management as referred to in the national authorities responsible Article 6(1) and (2) and Article 13 for State aid issues, the regulatory to provide all or part of the body may also draw conclusions from accounting information listed in the accounts concerning State aid Annex VIII with a sufficient level issues which it shall report to those of detail as deemed necessary and authorities. proportionate.

Without prejudice to the powers of the national authorities responsible for State aid issues, the regulatory body may also draw conclusions from the accounts concerning State aid issues which it shall report to those authorities.

Financial flows referred to in Article 7d(a), loans referred to in Article 7d(c) and (cc), and debts referred to in Article 7d(dd) shall

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regulatory body.

Where a Member State has designated the regulatory body as the independent competent body referred to in Article 7c(3), the regulatory body shall assess the cooperation agreements referred to in that Article."

363.

13. The Commission shall be empowered to adopt delegated acts in accordance with Article 60
concerning certain amendments to Annex VIII. Thus, Annex VIII may be amended to adapt it to the evolution of accounting and control practices and/or to supplement it with additional elements necessary to verify separation of accounts.

364.

365.

Amendment 80
Article 1 – point 8f (new) Article 57 – paragraph 9a (new) 366. [No changes to Article 57 in the 8f. In Article 57 the following

Commission proposal] paragraph is added:

367.

'9a. Where an applicant considers EP AM not acceptable that a decision of an infrastructure - Most cases requiring the manager is obstructing the involvement of regulatory development of an international bodies are at national level, the service, it may refer the matter to the applicants referring to the network of regulatory bodies for an regulatory body of the MS opinion. The national regulatory concerned. Article 57 on the

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Commission proposal EP amendments Council general approach Remarks /

COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal body concerned shall be informed of cooperation of regulatory bodies that referral at the same time. The is therefore applied very rarely. network shall, where necessary, seek - When it is applied, the existing explanations from the infrastructure cooperation between national manager and, in any case, from the regulatory bodies is sufficient national regulatory body concerned. and works well. The text of the The network shall adopt and publish GA (Article 57(10) - pt 369) its opinion and communicate it to further strengthens such

the national regulatory body cooperation. concerned. - The European Regulatory Body should not be the appeal The network of regulatory bodies body against decisions taken by shall submit an annual activity the national regulatory bodies. A report to the Commission. The judicial review of those Commission shall report to the decisions is foreseen in the European Parliament and Council. current Directive. - Already covered in Article Within one year from the entry into 57(3) of current Directive force of this Directive and by no Conclusion: the creation of a later than 31 December 2019, the European Regulatory Body (to Commission shall adopt a legislative replace a network of regulatory proposal establishing a European bodies) is therefore not regulatory body and shall confer on necessary and would only create it legal personality together with a administrative burden. supervisory and arbitration function empowering it to deal with cross The following text is inserted in border issues and to hear appeals Article 57(3a): against decisions taken by national "Where cases concerning an regulatory bodies. That new body international service require shall replace the European Network decisions of two or more of Regulatory Bodies.'; regulatory bodies, the regulatory bodies concerned shall cooperate and seek to

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368.

14. A paragraph 10 is added to
Article 57: 369. “10. For decisions concerning a

bi-national infrastructure, both Member States concerned may at any time after the coming into force of this Directive agree to require coordination between the regulatory bodies concerned in order to align the impact of their decisions."

370.

9. In Article 63, paragraph 1 is 9. In Article 63, paragraph 1 is replaced by the following: replaced by the following:

371.

Amendment 81
Article 1 – point 9 Article 63 – paragraph 1 –

subparagraph 1 372. '1. By 31 December 2024, the 1. By 31 December 2024, the '1. By 31 December 2024, the EP AM not acceptable

Commission shall evaluate the Commission shall evaluate the impact Commission shall evaluate the See comments under AM 80 (pt impact of this Directive on the rail of this Directive on the rail sector and impact of this Directive on the rail 367) sector and shall submit to the shall submit to the European sector and shall submit to the European Parliament, the Council, Parliament, the Council, the European European Parliament, the Council, the European Economic and Social Economic and Social Committee and the European Economic and Social Committee and the Committee of the Committee of the Regions a Committee and the Committee of the Regions a report on its report on its implementation. That the Regions a report on its implementation. evaluation shall take into account implementation. the views expressed by the European regulatory body on whether discriminatory practices or other types of distortion of competition persist and the views expressed by

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social dialogue committee. 373. Amendment 82

Article 1 – point 9 Article 63 – paragraph 1 –

subparagraph 2 374. By the same date, the Commission By the same date, the Commission By the same date, the Commission EP AM not acceptable

shall assess whether discriminatory European Regulatory Body shall shall assess whether discriminatory See comments under AM 80 (pt practices or other types of distortion assess whether discriminatory practices or other types of 367) of competition persist in relation to practices or other types of distortion distortion of competition persist in infrastructure managers which are of competition persist in relation to relation to infrastructure managers part of a vertically integrated infrastructure managers which are which are part of a vertically undertaking. The Commission part of a vertically integrated integrated undertaking. The shall, if appropriate, propose new undertaking and shall publish Commission shall, if appropriate, legislative measuress.' recommendations for further policy propose new legislative measures.' measures. The Commission shall, if appropriate, propose new legislative measures based on those recommendations.

375.

Amendment 83
Article 1 – point 9a (new) Article 63 – paragraph 1– subparagraph 2a (new)

376.

9a. In Article 63(1), the following EP AM not acceptable subparagraph is added: AM is out of the scope of this Directive. Article 19(1)(h) ERA
'The Commission shall, no later Regulation (as revised by the than 18 months after the entry into JL) provides that the ERA shall force of this Directive, assess its issue recommendations to the impact on the development of the Commission regarding the labour market for railway on-board training and certification of onstaff and shall, if appropriate, board staff with safety-critical propose new legislative measures on tasks.

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railway staff.'; 377. Article 2 Article 2 378. 1. Member States shall adopt and 1. Notwithstanding Article 3(2),

publish, by [18 months after entry Member States shall adopt and into force] at the latest, the laws, publish, by 36 months after entry regulations and administrative into force at the latest, the laws, provisions necessary to comply regulations and administrative with this Directive. They shall provisions necessary to comply communicate to the Commission with this Directive. They shall the text of those provisions communicate to the Commission immediately. the text of those provisions immediately.

379.

When Member States adopt those When Member States adopt those provisions, they shall contain a provisions, they shall contain a
reference to this Directive or be reference to this Directive or be accompanied by such a reference accompanied by such a reference on the occasion of their official on the occasion of their official publication. Member States shall publication. Member States shall determine how such reference is to determine how such reference is to be made. be made.

380.

2. Member States shall 2. Member States shall communicate to the Commission communicate to the Commission the text of the main provisions of the text of the main provisions of national law which they adopt in national law which they adopt in the field covered by this Directive. the field covered by this Directive.

381.

Amendment 84
Article 1a (new) Article 2 – paragraph 3 382. Article 1a EP AM not acceptable

The issue of passengers' rights Regulation (EC) 1371/2007 i is would be better dealt with in the amended as follows: framework of a possible

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Commission proposal EP amendments Council general approach Remarks / COM(2013)0029 i P7_TA(2014)0147 ST 12777/15 compromise proposal Commission revision of the

Article 2, paragraph 3 is replaced by passengers rights Regulation the following: (EC) N°1371/2007.

'3. On the entry into force of this Regulation, Articles 9, 10, 11, 12, 19, 20(1) and 26 shall apply to all rail passenger services throughout the Union.'

383.

Article 3 Article 3

384.

Amendment 85
Article 3 – paragraph 1 385. 1. This Directive shall enter into 1. This Directive shall enter into force 1. This Directive shall enter into EP AM not acceptable

force on the day following that of on the day following that of its force on the day following that of Useful in principle but: its publication in the Official publication in the Official Journal of its publication in the Official - consolidated version has no Journal of the European Union. the European Union. It shall be made Journal of the European Union. legal value available in consolidated form, - 3 months for COM to prepare together with Directive 2012/34 i/EU it is a short deadline as amended by it, within three - OPOCE is providing that months of its publication. service

386.

Amendment 86
Article 3 – paragraph 2 387. 2. Points 5 to 8 of Article 1 shall 2. Points 5 to 8 of Article 1 shall 2. Points 5 to 12 of Article 1 shall EP AM not acceptable

apply from 1 January 2018 [in time apply from 1 January 2018 [in time apply from 1 January 2020 in time An internal reciprocity clause for the working timetable starting for the working timetable starting on for the working timetable starting granted at EU level violates the on 14 December 2019]. 14 December 2019]. on 14 December 2020. TFEU, as it does not respect the freedom of establishment Until the date of application of point (Article 49 TFEU), nor the 5 and without prejudice to freedom to provide services international passenger services, (Article 56 TFEU). It contradicts Member States shall not be required the principles of the internal to grant the right of access to railway market enshrined in the EU undertakings and their directly or Treaties.

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licensed in a Member State where access rights of a similar nature are not granted.

388.

Article 4
This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council The President The President

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origineel bericht: '4th Railway Package: • Proposal for a Directive of...'

3. Behandeld document

15 jan
'16

4th Railway Package: • Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail. • Proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU establishing a single European railway area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure. - Preparation of an informal trilogue
REPORT

General Secretariat
5159/16

4. Meer informatie

COM(2013)28 - Wijziging van Verordening (EG) nr. 1370/2007 met betrekking tot openstelling van de markt voor het binnenlands passagiersvervoer per spoor

COM(2013)29 - Wijziging richtlijn tot instelling van één Europese spoorwegruimte mbt de openstelling van de markt voor binnenlands passagiersvervoer en het beheer van spoorweginfrastructuur

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Contents

1.

Kerngegevens

2.

Tekst

Brussels, 15 January 2016

PUBLIC

(OR. en)

5159/16

2013/0028 (COD) i

REPORT

and the governance of the railway infrastructure

Recital 1

Recital 2c (new)

Recital 6b (new)

Recital 9

Recital 9a (new)

Recital 20d (new)

Recital 20h (new)

7c, 7d and 8:

between a mainline and points of

managed by entities other than

Article 1 – point 1 – points ca and

Article 3

confidentiality of commercially

(f) tackle cross-border

regulatory body.

364.

3.

Behandeld document

4.

Meer informatie

5.

EU Monitor